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2013 DIGILAW 1049 (ALL)

Sanjay Singh v. Ruby Goya) and Another

2013-04-08

ANIL KUMAR SHARMA, RAKESH TIWARI

body2013
Anil Kumar Sharma, J.;— Heard Sri Arvind Kumar Singh IInd, learned counsel for the appellant and perused the record. This appeal is reported to be beyond time by 28 days. After hearing the submissions and going through the affidavit filed in support of delay condonation application, in our view, the cause shown is sufficient. Accordingly, the delay in filing the appeal is condoned and the delay condonation application is allowed. The claimant appellant has challenged the award dated 20.11.2012 passed by Motor Accident Claims Tribunal/District Judge, Etah in MACP No. 277 of 2008, whereby compensation of Rs. 1,80,000/- together with simple interest @ 7 % per annum with effect from 26.5.2008 till final payment, has been awarded on account of grave injuries sustained by the claimant in the instant motor accident. It appears that in an accident dated 17.12. 2007 the claimant appellant was knocked down from behind by driver of truck number HR 38G 0781 driving the vehicle rashly and negligently at about 11 A.M. while he was going on Agra Road for learning computer. The claimant suffered grave injuries. He was taken to District Hospital and thereafter admitted in Pushpanjali Hospital, Agra for treatment. Report of the accident was lodged by the father of the claimant on 19.2.2008. The claimant filed claim petition for an award of Rs. 9,25,000/- against the owner and insurer of the aforesaid truck. The claim was contested by the opposite parties. The parties led evidence in support of their case and the Tribunal after hearing parties' counsel, has awarded compensation to the claimant as noted above. Aggrieved the claimant appellant has preferred the present appeal. Learned counsel for the appellant has vehemently argued that on account of injuries, the claimant has become permanently disabled and has now become a living corpse. On perusal of the award, we find that the claimant has not filed any disability certificate so the Tribunal rightly ignored his statement about any sort of permanent disability. As regards the expenses in medical treatment of the claimant, the Tribunal has allowed claim of Rs. 1,40,000/- for the original cash memos and has ignored photo copies and receipts regarding advance payment. The claimant has also been awarded Rs. 5000/- each for the grievous injuries, pain and suffering and nutritional diet. Apart from it, Rs. 15,000/- have been allowed for loss of income and Rs. 10,000/- for transportation. 1,40,000/- for the original cash memos and has ignored photo copies and receipts regarding advance payment. The claimant has also been awarded Rs. 5000/- each for the grievous injuries, pain and suffering and nutritional diet. Apart from it, Rs. 15,000/- have been allowed for loss of income and Rs. 10,000/- for transportation. The appellant's counsel could not place before us any document to show that the amount awarded by the Tribunal under different heads is meagre or very low. In the facts and circumstances of the case, we find that just and reasonable compensation has been awarded to the claimant appellant. In view of the aforestated reasons, the appeal sans merit and is accordingly dismissed. _____________