Court No. - 26
Case :- FIRST APPEAL FROM ORDER No.185 of 2003 Appellant :- Ramesh Chandra Respondent :- Pancham Chaudhary And Others Counsel for Appellant :- Ram Singh Counsel for Respondent :- K.S. Amisht, S.K. Mehrotra and S.K. Mishra
Hon'ble Dr. Kaushal Jayendra Thaker, J.
1. Heard Sri Ram Singh for the appellant, Sri K.S. Amist for the United India Insurance Company Limited and Sri S.K. Mehrotra for the Oriental Insurance Company Limited and Sri S.K. Mishra for private respondent – owner.
2. By means of this appeal, the appellant challenges the judgment and award dated 7.10.2002 passed by Motor Accident Claims Tribunal, Fatehpur, in M.A.C.P. No.37 of 1999 (Ramesh Chandra Vs. Pancham Chaudhary and others).
3. The appellant, who is the claimant, who had sustained injuries and who had claimed a sum of Rs.1,80,000/- for the injuries which has been caused to him in the undisputed vehicular accident, wherein the vehicle was insured with the Insurance company. Both the vehicles have been held equally liable. It is the case of the claimant that he had permanent disability, his age has not been consider, his marital life is in danger and despite that the Tribunal has awarded a meagre sum of Rs.9,000/-, the appeal be allowed and he be granted Rs.1,00,000/- for future loss of income, Rs.50,000/- for mental pain shock suffering, and Rs.30,000/- under other head. He was aged 25 years at the time of accident. The injured was not a tortfeasor and the accident occurred due to the composite negligence of the drivers of the truck and tempo.
4. We are concerned with the injuries of the claimant.
According to him, he had received injuries on his face. He was admitted in Sanjay Gandhi Hospital for one month and for 3 – 4 months he was treated at home. He was treated from the date of accident i.e. 12.7.1998 till 31.7.1998. He had injuries on the neck also. It is an admitted position of fact that he was in hospital from the dates mentioned above. He has not produced any certificate to show what was his disability and the medical bills which he has produced lastly is of the year 31.7.1998. Thereafter no bills are produced. He has produced discharge slip of Gandhi Memorial Hospital, which I have perused. He has examined four persons but in nobody's evidence it has come what was his functional disability. However, the amount of Rs.9,000/- awarded is very less even in the year 1998 looking to the injuries. He has a shop of furniture. The amount of pain shock suffering will be atleast Rs.15,000/- over and above the amount awarded. The amount shall carry 9% rate of interest from the date of accident till the decision and 4% thereafter till the amount is deposited.
5. No case is made out for further enhancement beyond Rs.15,000/-.
6. The appeal is dismissed for Rs.1,56,000/-, which is claimed in the claim petition.
7. This court is thankful to the counsels namely Sri Ram Singh, Sri K.S. Amist for United India Insurance company and Sri S.K. Mishra for respondent no.3 to get this very old matter disposed of.
8. Though notices are sent, none appeared for Oriental Insurance Company for a period of 16 years, therefore, I had requested Sri S.K. Mehrotra for Oriental Insurance company to accept a copy of memo of appeal on 7.2.2019.
Both the Insurance companies shall deposit their respective amount as apportioned by the Tribunal within 12 weeks from today. The amount be not kept in Fixed Deposit as it is a meagre amount.
Order Date :- 28.2.2019 Irshad