Court No. - 2
Case :- FIRST APPEAL FROM ORDER No. - 819 of 2001 Appellant :- Nathu Lal Maurya Respondent :- Hari Raj Singh Counsel for Appellant :-Vijay Kumar Maurya
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard Sri Vijay Kumar Maurya, learned counsel for the appellant.
By way of this appeal the claimant has felt aggrieved and, therefore, has preferred this First Appeal From Order has been filed to allow the appeal and enhance the compensation award from Rs. 6,500/- to 80,000/- passed in M.A.C.P. NO. 207 of 1996 (Natthu Lal Maurya Vs. Harijit Singh and others dated 24.4.2001.
Time and again notices are sent to the respondent but none has appeared for the respondent.
Lastly, the notices were sent even in the year of 2017 also but none has appeared.
My brother has stated therein that notices issued are deemed to be proper service.
The claimant Natthu Lal Mauya has claimed enhancement of the amount as he was initially awarded Rs. 80,000/- as the accident and his injuries were accepted and the ex-parte order was passed by the tribunal in review the amount has been reduced on flimsy grounds in a review petition filed by the present respondents. The tribunal decreased the amount this is not only illegal and perverse but beyond its jurisdiction and the order reviewing the same on the ground that the claimant had not incurred the said expenses. The claimant was hospitalized from 6.10.1991 and had produced the documentary evidence also despite that he was not granted proper compensation he has suffered disability and therefore, not deciding right the order for grant of Rs. 80,000/- was reduced, no cogent reason has also been mentioned by the tribunal nothing has been awarded under the head of future loss of income and are loss of income because of the injuries. The judgment granting the amount of Rs. 80,000/- was a well reasoned judgment which was modified. The injuries were simple as well as grievous in nature and had caused fracture. The judgment is, therefore, interfered with. The tribunal on 22.4.1998 has held that he had spent Rs. 80,000/- however, that was not proved.
It is further, submitted by Sri Vijay Kumar Maurya, learned counsel for the appellant I am in agreement with the him that the tribunal could not have granted sum lessor than which was permissible under no fault liability section under Section 140 of the Motor Vehicles Act, 1988 which was Rs. 25,000/- for injury which was caused permanent or partial disablement here admittedly, the claimant had injuries which can be said to be causing partial disablement.
The appeal is partly allowed. The claimant shall be entitled to amount of Rs. 25,000/- with interest @ 9% from filing of the claim petition till 2001 and 4% thereafter.
The respondent to deposit the said amount with interest within 12 weeks from today. The judgment and decree shall stand modified to the aforesaid extent.
The record be sent back to the tribunal forthwith.
Order Date :- 30.5.2018 Neeraj