HAFIZUR RAHEMAN v. ORIENTAL INSURANCE COMPANY LTD.
1998-07-27
P.K.MISRA
body1998
DigiLaw.ai
JUDGMENT : P.K. Misra, J. - This appeal has bee filed by the claimant seeking for a higher compensation. 2. The claimant suffered injury on account of an accident involving a truck bearing registration No. ORJ 4767. It is stated that on 13.6.1985 he was proceeding on a cycle towards Chahdikhol and the truck came from behind and dashed against him, as a result .of Which he fell down from the cycle and sustained fracture on the leg and multiple injuries all over the body. He was hospitalised and was treated in the S.C.B. Medical College Hospital, Cuttack, for about one month. Even after he was discharged, he was still having physical disability and difficulty to walk. With the aforesaid allegations, he filed claim application claiming Rs. 75,000/-. 3. The owner-opposite party No. 1, in the Tribunal contested the case. It was pleaded by him that the accident had taken place due to the negligence of the petitioner himself. The Insurance Company also contested the case and denied the allegations made in the claim application. 4. The Tribunal, on consideration of the evidence on record found that the accident occurred due to the negligent driving of the driver of the vehicle. It further found that the claimant has sustained fracture of the hip and there was shortening of leg. The Tribunal directed the Insurance Company to pay a sum of Rs. 30,000/- as compensation with interest at the rate of 6% from the date of filing of the claim application. Against the aforesaid award no appeal had been filed either by the owner or the Insurance Company. 5. Since there is no independent appeal or cross-appeal either by the owner or the Insurance Company, the findings that the accident took place on account of negligence of the driver and the claimant had sustained injuries have become final. The only question is as to whether the claimant should be paid higher compensation. 6. In this case, the materials on record, as well as the finding of the Tribunal clearly indicate that the claimant had sustained fracture of the hip and his leg had been shortened. There is no denial of the fact that the petitioner has to live with such disability throughout the rest of his life.
6. In this case, the materials on record, as well as the finding of the Tribunal clearly indicate that the claimant had sustained fracture of the hip and his leg had been shortened. There is no denial of the fact that the petitioner has to live with such disability throughout the rest of his life. It is apparent that the appellant is still having discomfort and the fact remains that he has to suffer throughout the rest of his life. It is not disputed that the awarded amount along with the accrued interest has already been paid by the Insurance Company. Having regard to the above facts and circumstances of the case including the nature of injury and the period during which the appeal has remained pending in the High Court, I consider that interest of justice would be amply served by directing the Insurance Company to pay further amount of Rs. 20,000/-. The aforesaid amount should be paid within a period of three months from today failing which it shall carry interest at the rate of 10% per annum. 7. Subject to the aforesaid direction, the appeal is allowed. No cost. Final Result : Allowed