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2015 DIGILAW 247 (HP)

National Insurance Company Limited v. Bhagat Singh

2015-03-27

MANSOOR AHMAD MIR

body2015
JUDGMENT : Mansoor Ahmad Mir, J. The insurer has questioned the judgment and award, dated 3rd May, 2007, made by the Motor Accident Claims Tribunal (I), Kangra at Dharamshala, H.P. (for short "the Tribunal") in MACT Petition No. 37-P/II/2003, titled as Bhagat Singh and others versus Dinesh Kumar and others, whereby compensation to the tune Of Rs. 50,000/- came to be awarded in favour of the claimant-injured and the insurer came to be saddled with liability. 2. The claimant-injured, the owner-insured and the driver of the offending vehicle have not questioned the impugned award on any count, thus, has attained finality so far it relates to them. 3. The appellant-insurer has questioned the impugned award on the ground that the rashness and negligence of the driver of the offending vehicle has not been proved and the appellant-insurer is not liable to pay the compensation. 4. I have gone through the findings recorded by the Tribunal. There is ample evidence on the file to prove that the driver of the offending vehicle has driven the vehicle rashly and negligently on 21.04.2003, at about 11.45 a.m. at place Ambari, caused the accident, in which the claimant-injured suffered multiple injuries, remained admitted in Government Hospital, Dharamshala on 21.04.2003 till 15.05.2003 and in PGI Chandigarh with effect from 16.10.2003 to 24.10.2003, has gone through pain and sufferings and has suffered 25% permanent disability. 5. The age of the deceased has been taken as 80 years at the time of accident and his income was assessed at Rs. 1,500/- per month, which is too meager. The Tribunal has applied multiplier of 4', is just and proper, cannot be said to be at higher side in any way. The Tribunal has discussed all these aspects in paras 9 to 18 of the impugned award. 6. Viewed thus, the amount awarded is too meager, however, the claimant-injured has not questioned the same, is accordingly maintained. 7. In view of the above, the appeal deserves to be dismissed. Accordingly, the appeal is dismissed and the impugned award is upheld. 8. Registry is directed to release the awarded amount in favour of the claimant-injured strictly as per the terms and conditions contained in the impugned award after proper identification. 9. Send down the record after placing copy of the judgment on Tribunal's file.