Court No. - 3
Case :- FIRST APPEAL FROM ORDER No. - 1309 of 2001 Appellant :- Indrajeet @ Sanjay Kumar Respondent :- Vikas Babu And Another Counsel for Appellant :- Ram Singh
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard Sri Ram Singh, learned counsel for appellant and perused the material brought on record.
2. This appeal has been preferred against the judgment and decree dated 2.05.2001 passed by Motor Accident Claims Tribunal/ XIV Additional District Judge, Court No.14, Allahabad (hereinafter referred to as 'Tribunal') in Claim Petition No. 576 of 1996 awarding a sum of Rs.7,000/- with interest at the rate of 10% per annum as compensation to the claimant.
3. The fact of the present case are that a young boy, Indrajeet met over accident. It is true that he has not filed any documentary evidence showing that he had what percentage of disability however there are injuries on the head, it was accident which took place between a truck. The reasoning given by the Tribunal is that he was at least entitled to an amount under the head of no fault liability. He was in the hospital for the period of 2 days and he was even under medical supervision when he had filed a claim petition. He was a labourer though unskilled. The Tribunal has considered the medical receipt and has granted a sum of Rs. 2,000/- and Rs.5,000/- under the head of pans and suffering. However there are partial disablement and he would be entitled to a sum of Rs.25,000 is the submission of Sri Ram Singh, learned counsel for appellant.
4. Having gone through the judgment and material which is brought on record, this Court feels that the injuries caused were such which had caused partial disablement which would be failing within the definition of Section 142 of Motor Vehicles Act, 1988. Hence a sum of Rs.25,000/- was admissible to the claimant. However the rate of interest cannot be 15% as claimed by the counsel for the appellant, he would be entitled to 9% rate of interest from the date of filing claim petition till the award.
5. The appeal is partly allowed.
Order Date :- 29.4.2019 Shubhankar