Court No. - 22
Case :- FIRST APPEAL FROM ORDER No. - 44 of 2016 Appellant :- Km. Aashi Gupta (Minor) Respondent :- Sri Ram General Insurance Co. Ltd. And 2 Others Counsel for Appellant :- Jagat Narain Mishra,Krishna Dutt Mishra Counsel for Respondent :- Pawan Kumar Singh
Hon'ble Shashi Kant,J.
Heard Shri J. N. Mishra, learned counsel for the appellant and Shri Pawan Kumar Singh, learned counsel for the respondent no. 1-main contestant in this appeal.
Vide order dated 17.12.2018 service of respondent nos. 2 and 3 are exempted.
The claimant-appellant has filed this appeal against the impugned judgment and order dated 6.10.2015 passed by the Motor Accident Claims Tribunal/District Judge, Banda passed in MACP No. 221/70/2012 for enhancement of compensation.
The facts of the case are that minor Kumari Aashi Gupta had received injuries on his head and fracture. After the accident, she was admitted in District Hospital Banda, Awasthi Nursing Home, Kanpur and Medical College, Lucknow. The Claim Tribunal has found that appellant is entitled for expenses of Rs. 21,710/- on her treatment. It granted Rs. 5,000/- under the head of pain and sufferings, Rs. 1,400/- has been provided for healthy food, Rs. 1,500/- as transportation of the appellant. As such, he assessed total compensation Rs. 29,610/-. Since the Claim Tribunal found 50% contributory negligence on the part of the appellant, in the accident between bus and bicycle and deducted 50% amount of compensation under the head of contributory negligence and ultimately granted total compensation of Rs. 14,805/-.
Learned counsel for the appellant contended that there was no occasion for holding 50% contributory negligence on the part of the appellant who was on bicycle in the accident between the bus and bicycle.
Learned counsel for the respondent opposed the above submissions.
Considering the facts and circumstances of the case, I am of the view that there is no negligence on the part of the appellant in the accident. Since, the appellant has received head injuries alongwith fracture and got treated from 8.11.2011 to 15.11.2018. In view of above, the compensation awarded under the head of pain and suffering is inadequate. In the facts and circumstances of the case, it should be Rs. 25,000/- and appellant will be entitled for compensation (medical expenses of Rs. 21,710/- + pain and suffering of Rs. 25,000/- + transportation of Rs. 1,500/- + healthy food of Rs. 1,400/-) in total of Rs. 49,610/- instead of Rs. 14,805/- compensation granted by the claim tribunal.
In view of above, this appeal is allowed accordingly and impugned judgment and award is modified accordingly, which will be payable to the appellant in terms of the impugned award within 60 days from today.
Order Date :- 19.12.2018 Ravi Prakash