Court No. - 27
Case :- FIRST APPEAL FROM ORDER No.1200 of 2000 Appellant :- The Oriental Insurance Co.Ltd. Respondent :- Shyam Veer Singh & Another Counsel for Appellant :- Amaresh Sinha Counsel for Respondent :- A.L. Jaiswal,Bed Kant Mishra,D.N. Singh
Hon'ble Dr. Kaushal Jayendra Thaker,J.
By way of this appeal, the Insurance company has felt aggrieved by the award dated 23.5.2000 in MACP No.894 of 1999 awarding a sum of Rs.80,800/- to the respondent- claimant.
The brief facts are that the claimant on 18.8.1998 suffered injuries by the vehicular accident which is not in dispute. The vehicle with which he met with an accident also is not in dispute. The vehicle being insured with appellant is also not in dispute and not in challenge. There was no breach of policy and there is no ground raised.
The learned counsel for the appellant has submitted that the disability certificate is forged as it was produced in the year 2000 and the accident is in doubt as no F.I.R. was lodged on the same day.
While going through the record, the Tribunal has believed that the chargesheet was laid against the said vehicle and there was no doubt that the said vehicle was involved in the accident. The claimant has been examined. After the police did not take care to lodge the complaint, he has filed the F.I.R. and thereafter chargesheet is filed.
Hence the submission that the accident is concocted is rejected.
The Tribunal has considered the income and that his disability has been properly considered. He was aged 27 years hence the Tribunal has granted yearly quotient of Rs.3600/- that is how the amount of Rs.80,800/- is awarded.
No ground is made out to interfere in the well reasoned finding as well as the accident having taken place.
The amount awarded cannot be said to be so exorbitant which calls for interference by this Court in view of the judgment in Raj Kumar Vs. Ajay Kumar and another, reported in (2011) 1 SCC 343.
The appeal sans merit and is dismissed.
Order Date :- 23.2.2018 Irshad