Court No. - 26
Case :- FIRST APPEAL FROM ORDER No. - 52 of 2012 Appellant :- Arvind Kumar Gupta Respondent :- Mohd. Hafeez And Another Counsel for Appellant :- Mahesh Chandra Joshi Counsel for Respondent :- Ghanshyam Joshi,Rajeev Ojha
Hon'ble Saral Srivastava,J.
Heard learned counsel for the parties.
Appellant/claimant being dissatisfied with the quantification of compensation has preferred the present appeal for enhancement of compensation.
Appellant/claimant instituted instituted the claim petition for the injuries suffered by him in an accident on 21.03.2004 with Truck No.U.P-21-9179.
The Tribunal on issue no.4 as regards the quantification of compensation has held that the appellant/claimant could not produce any evidence in respect of disability suffered by him. The Tribunal under the various heads namely, pain & suffering, mental shock, special diet and medical expenses awarded Rs.34,250/- with 6% interest.
Challenging the award of the Tribunal on the issue of quantification of compensation, learned counsel for the appellant has contended that the appellant has suffered 20% permanent disability in the accident, and disability certificate dated 25.11.2005 issued by the Chief Medical Officer, Moradabad was filed before the Tribunal which is exhibited as paper no.55-C. Thus, finding of the Tribunal that the appellant did not file any disability certificate is wrong, perverse and against the record.
Per contra, learned counsel for the insurance company submits that in the facts and circumstances of the present case, award of Rs.34,250/- as has been awarded by the Tribunal is just and proper and does not call for any interference by this Court.
I have considered the rival submissions of the parties and perused the record.
Appellant/claimant has filed disability certificate dated 25.11.2005 which indicates that 20% disability has been suffered by the appellant/claimant in the accident. The Tribunal has committed gross illegality in ignoring the said document in recording the finding that claimant/appellant did not lead any evidence to prove that he had suffered any disability due to the injuries suffered by him in the accident. The disability certificate dated 25.11.2005 is not disputed by the learned counsel for the insurance company and the same is found on record as paper No.55-C.
Thus, in view of the aforesaid fact, the finding of the Tribunal on issue no.4 holding that claimant/appellant did not suffer any disability is set aside. Matter is remitted back to the Tribunal to decide the issue no.4 afresh.
The interest @ 6% awarded by the Tribunal is also on lower side and as such the same is also set aside. It is left to open to the Tribunal to award just and proper interest.
For the reasons given above, the appeal is partly allowed. The Tribunal is directed to decide the issue no.4 afresh expeditiously, preferably within a period of six months from the date of production of certified copy of this order.
It is further provided that amount paid to the claimant/appellant under the award shall not be recovered from him and shall be adjusted towards final amount of compensation.
Order Date :- 27.11.2018 Sattyarth