Court No. - 3
Case :- FIRST APPEAL FROM ORDER No. - 1360 of 2019 Appellant :- Gopesh Kumar Gupta Respondent :- Shakeel Ahmad And 4 Others Counsel for Appellant :- In Person,Satya Deo Ojha Counsel for Respondent :- K.S. Amist
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard Sri Gopesh Kumar Gupta, the party-in- person and Sri K.S. Amist, learned counsel for the respondent.
2. This appeal, at the behest of the claimant, has been preferred against the judgment and order dated 20.12.2018 passed by Motor Accident Claims Tribunal/VI Additional District Judge, Court No.5, Allahabad in M.A.C.P. No. 905 of 2015 awarding a sum of Rs.1,46,671/- with interest at the rate of 7%.
3. The accident is not in dispute. The issue of negligence is decided in favour of the appellant herein. The Insurance Company has not challenged the liability imposed on them by the Tribunal. The only issue to be decided is the quantum.
4. It is submitted by the party-in-person that the compensation awarded is on the lower side.
5. This is treated to be a matter which is allowed on compassionate ground looking to the injuries sustained to the appellant who is present before this Court at a young age. Hence, under all other heads, an additional sum of Rs.50,000/- with 9% rate of interest is granted.
6. In view of the above, the appeal is partly allowed. The judgment and order passed by the Tribunal shall stand modified to the aforesaid extent. The additional amount be deposited within 12 weeks from today.
Order Date :- 31.5.2019 DKS