Mahadu Ranga Ahire (Bhil) v. Iliyaskhan Fattekhan Pathan
2012-02-28
M.T.JOSHI
body2012
DigiLaw.ai
Judgment Heard learned counsel appearing for the parties. 2. Aggrieved by the dismissal of the application for compensation under section 166 of the Motor Vehicles Act, the present appeal is preferred by the original claimant/applicant. 3. The accident in question occurred on 23rd November, 1983 wherein a Dumper vehicle bearing registration No.MHS-2572 itself met with an accident. The appellant claimed himself to be a labour in the said Dumper vehicle. The appellant pleaded that the accident has occurred due to rash and negligent driving of the driver of the Dumper vehicle and thus claimed the compensation. 4. Alongwith the application in the present case, five other claim petitions were filed. The learned counsel appearing for the appellant submits that four applications were allowed and remaining two, including the present application, were dismissed, on the ground that the claimants failed to prove that they had suffered injuries. 5. The Award of the learned Tribunal itself indicates that the appellant/claimant has filed on record Injury Certificate at Exh-65 wherein it was indicated that the appellant had received minor injuries. In such circumstances, the learned Tribunal could not have outrightly rejected the claim petition of the present appellant. Considering the fact that the appellant is a labour, who has suffered minor injuries, according to me, an amount of Rs. 10,000/-would be a just compensation. 6. Mr. V.N. Upadhye, learned counsel appearing for Respondent No.3 -Insurance Company, submits that grant of interest from the date of filing of the application would not be just. Taking into consideration all these facts, in my view, the total compensation of Rs.15,000/-including the interest would be just and reasonable one. 7. In the circumstances, therefore, the appeal is partly allowed with proportionate cost. The Respondent Nos.2 and 3 are directed to pay jointly and severally the compensation of Rs. 15,000/-(Rupees fifteen thousand) to the appellant /petitioner within a period of eight weeks from the date of this order. Upon failure to pay the said amount within the stipulated period, an interest @ 8% per annum shall be paid by the respondent Nos.2 and 3 from the date of default till the realization of the compensation.