U. P. S. R. T. C. Through Regional Manager v. Babu Lal
2013-03-14
RAJES KUMAR
body2013
DigiLaw.ai
Rajes Kumar, J.— Heard Sri N.N.Verma, Advocate holding brief of Sri V.K.Singh, learned counsel appearing on behalf of the appellant and Sri Dinesh Kumar, learned counsel appearing on behalf of the respondent. In an accident held on 15.05.2002 caused by bus bearing registration no.UP-80-H-9104 belonging to U.P.S.R.T.C.. The claimant suffered injuries. The claimant was rickshaw puller. Tribunal awarded the compensation at Rs.1 lac, which is being challenged by U.P.S.R.T.C. and also by the claimant in cross objection. Both the parties have not disputed the accident and involvement of the bus. Learned counsel for the appellant submitted that claimant has filed the bills of Rs.15,700/- and, therefore, the Tribunal has erred in allowing the expenses incurred towards the treatment at Rs.25,000-. He further submitted that the Tribunal has erred in awarding the interest from the date of the application. Learned counsel for the claimant submitted that the claimant was examined by the Medical Board and the Medical Board has opined that there was 63.30% disability and advised for the operation, still no benefit has been given for permanent disability. He further submitted that the claimant claimed that a sum of Rs.55,000/- has been incurred in the medical treatment while the benefit of Rs.25,000/- has only been given. I have considered the submission of both the parties and perused the impugned order. The accident, the involvement of the bus and the injuries caused to the claimant, are not in dispute. The claimant was examined by the Medical Board. Medical Board opined that there was 63.30% disability but further given the opinion that it was not in permanent nature and the claimant should undergo for operation Therefore, disability has not been treated as permanent. However, having regard to the fact that claimant was rickshaw puller and on account of injury, suffered loss of income in future, a sum of Rs.50,000/- has been awarded, which appears to be justified. For the expenses incurred towards the medical treatment the invoices of Rs.15,700/- has only been furnished. Having regard to the fact that the receipt of taxi etc. could not be obtained, a sum of Rs.25,000/- has been awarded towards medical expenses, which can not be unreasonable. Section 171 of the Motor Vehicles Act, provides that the simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim.
could not be obtained, a sum of Rs.25,000/- has been awarded towards medical expenses, which can not be unreasonable. Section 171 of the Motor Vehicles Act, provides that the simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim. Therefore, the interest can be awarded from the date of making the claim. In view of the above, the appeal as well as cross objection stands dismissed. Office is directed to remit the statutory amount to the concerned Tribunal within four weeks. Appellant is directed to deposit the entire outstanding amount before the Tribunal within two months and the Tribunal is directed to release the amount in favour of the claimant within one month. _____________