Ram Shankar Mishra And Ors. v. Brij Kishore Sharma And Ors.
1997-01-16
A.S.TRIPATHI, SHACHEENDRA DWIVEDI
body1997
DigiLaw.ai
JUDGMENT Shacheendra Dwivedi, J. 1. Parties Counsel are finally heard. 2. The appellants have filed this appeal against the award passed by the learned Claims Tribunal, awarding compensation for the injuries suffered by appellant No. 1, at Rs. 20,000/-. 3. Enhancement is prayed by the appellants on the ground that the appellant No. 1 sustained a fracture on his right hand, and that he had also suffered grievous injuries, which were amply proved on record. The learned Claims Tribunal also found that the appellant No. 1 had suffered a fracture and had also suffered head injury. Due to the head injury, for the time being, he was mentally derailed. The Claims Tribunal also found that the appellant No. 1 was in private service as a teacher, and due to this accident, he could not attend his duties. Considering the above circumstances, the learned Claims Tribunal had allowed the compensation of Rs. 20,000/-. 4. Under the provisions of Section 140(2) of the Motor Vehicles Act, before its amendment, the compensation amount could be awarded for the grievous injury and permanent disablement to the tune of Rs. 25,000/-. The learned Claims Tribunal had not assigned any reason as to why the amount of Rs. 25,000/- was not awarded, on the finding of facts arrived at by the Claims Tribunal. 5. Since the appellant No. 1 had suffered injuries resulting in permanent disablement, he was entitled to receive the compensation to the tune of Rs. 25,000/-. 6. In view of the above, we are of the opinion that the impugned award, to that extent, deserves to be modified. The amount of compensation is enhanced to Rs. 25,000/- which shall be payable by the respondent No. 3-The New India Insurance Co. Ltd. within a period of one month from today. 7. With the above direction, this appeal is partly allowed.