1. I have gone through the limitation petition and am of the considered view that appellant has carved out a case for condoning the delay which has crept in filing the appeal. Accordingly, the delay is condoned Appeal is taken on board. CIMA No. 498/2009 2. Issue notice. Mr. K. C. Sharma, advocate, waived notice. Having regard to the nature of controversy involved in the matter, I deem it proper to dispose of the appeal itself. 3. Briefly stated, this appeal is directed against the Award dated 31st March, 2007, passed by the Motor Accidents Claims Tribunal, Udhampur, (for short as Tribunal) in a claim petition titled Gulab Din v. Union of India and Anr., (for short as Award), read with the order dated 4th July, 2009, by virtue of which the application for setting aside the ex-parte award was dismissed. 4. The history of the case needs a little recounting, thus:- Petitioner/claimant namely Gulab Din met with an accident when he was walking on a road near the office of Executive Engineer, P.W.D. Udhampur. The accident was allegedly caused due to rash and negligent driving of one Hari Charan, driver of offending vehicle, bearing registration No. 98D114661 A. The victim/respondent/claimant was, after being hit by the offending vehicle, taken to hospital where his fingers of right foot were amputated. The disability, having been caused due to the aforesaid accident, gave victim/respondent/claimant the reason to seek compensation and accordingly a claim of Rs. 15,00,000/-(fifteen lacs) was made. Tribunal initiated exparte proceedings against the respondents who failed to appear despite service. Claimant/respondent led evidence in support of his claim and the Tribunal after scanning the evidence on file, appreciated it to be genuine, and passed an exparte Award of Rs. 2,79,000/-, in favour of claimant/respondent, detailing out the Award as follows; A) Medical Expenses : Rs. 30,000/- B) Future Loss of income : Rs. 1,89,000/- C) Pain & Suffering : Rs. 30,000/- D) Loss of amenities of life : Rs. 30,000/- 5. I have gone through the impugned Award as well as the order dated 4th July, 2009 by virtue of which application for setting aside the exparte award was dismissed, and am of the considered view that Tribunal has not deviated from the set standards in any way while passing either the Award or the order dated 4th July, 2009. 6.
I have gone through the impugned Award as well as the order dated 4th July, 2009 by virtue of which application for setting aside the exparte award was dismissed, and am of the considered view that Tribunal has not deviated from the set standards in any way while passing either the Award or the order dated 4th July, 2009. 6. The aim and object of granting compensation is to provide speedy justice to the victims of vehicular accidents. However, it is put on record that appellants have dealt the respondent/claimant, the victim of vehicular accident, in an unfair and unreasonable way, making him run from pillar to post and from post to pillar right from 17th March, 2006, the date on which claim petition came to be filed. 7. In the given circumstances, I am of the considered view that impugned Award and order are well reasoned, need no interference. However, I deem it proper to slash the interest component from 7.5% to 6%. The interest awarded shall be payable from the date of filing of claim petition, (17th March, 2006) under all heads detailed out above except for the amount granted under the head 'Future Loss of Income'. For the amount granted under the said head the interest shall be payable from the date of Award viz. March, 31st, 2007. 8. With the aforesaid modification of the impugned Award, the appeal is disposed of.