Court No. - 26
Case :- FIRST APPEAL FROM ORDER No. - 1267 of 1999 Appellant :- M/S Oriental Insurance Co.Ltd. Respondent :- Kishore Kumar Gupta And Others Counsel for Appellant :- A.A.Khan Counsel for Respondent :- Dhrub Narain,B.K.Narain
Hon'ble Dr. Kaushal Jayendra Thaker,J.
None appeared for the respondents when the matter is argued by Sri A.A. Khan, counsel for the appellant.
This appeal challenges the judgment and decree awarding a sum of Rs.45,000/- with interest in Motor Accident Claim Petition No.84 of 1994, whereby Kishore Kumar Gupta suffered injuries and filed a claim petition.
It is submitted by learned counsel for the appellant that the amount would not have been ordered to be paid by the Insurance company on the basis of principle of res ipsa loquitur and it is further submitted that the vehicle, which met with the accident, did not have full permit meaning had temporary permit. To deal with the question of quantum, it is admitted position of fact that the injured sustained injuries on his left hand and sustained fracture. Even if we consider the principles of Section 140 of the Motor Vehicles Act 1988, fracture is considered to be causing permanent partial disability and, therefore, the claimant would be entitled to a minimum amount under the said head and, therefore, when the accident occurred due to involvement of a vehicle, this ground will no longer be available in the light of judgment of the Apex Court in Smt. Kaushnuma Begum and others vs. The New India Assurance Co. Ltd. (2001) 2 SCC 9, thus, this ground fails.
As far as permit is concerned, there was temporary permit which was valid on the same route and, therefore, the said ground also fails.
The appeal fails and is dismissed. The amount if yet not deposited, be deposited forthwith along with interest accrued till date.
This Court is thankful of Sri A.A. Khan in the matter being disposed of.
Order Date :- 31.1.2019 Irshad