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2018 DIGILAW 772 (ALL)

SHASHIBALA GUPTA v. RAVI

2018-04-02

ARVIND KUMAR MISHRA I

body2018
JUDGMENT : Hon'ble Arvind Kumar Mishra-I, J. 1. This First Appeal From Order has been filed under Section 173 of Motor Vehicle Act, 1988 (hereinafter referred to 'Act') by the appellant, against award dated 19.12.2017 passed by Motor Accident Claims Tribunal/Additional District Judge, court no.5, Aligarh in Motor Accident Claim Petition no.835 of 2011, Ravi vs. Shashibala Gupta and another, whereby, the claim petition was partly allowed for compensation amount Rs.2,43,556/- along with accruing interest at the rate of 7% per annum to be counted from the date of presentation of the claim petition till the date of realization. 2. Specific contention has been raised by Sri Vipul Kumar, learned counsel for the appellant that in this case the assessment made by the Tribunal is not based on material on record and the amount of compensation has been arbitrarily assessed. He further adds that there was no disability certificate justifying awarding Rs.1,00,000/-, as the amount under head of disability incurred by the injured claimant. 3. Next contended that the vehicle in question- say- K. A. 20 A.B. 8877 was under repair in garage on the date and time of alleged incident i.e. 4.7.2011 and evidence adduced in that regard by the appellant was not properly considered by the tribunal and erroneous finding was recorded. The fact is that the accident was infact caused by rash and negligent driving of some roadways Bus, which incident was published in the newspaper next day, but for no worthy reason the tribunal ignored this pivotal fact. He further submits that the amount so awarded is excessive and arbitrary. The fact is that Tribunal concerned misconstrued and misinterpreted the evidence on record in awarding the compensation amount to the claimant. 4. Considered the contention so raised and also perused the impugned award, whereby, it is gathered that after the written statement was filed by the owner appellant before the Tribunal as many as three issues were framed for disposal of the claim- petition. (i) the first one is the factum of the incident as to whether the accident was caused on 04.07.2011 at about 6.00 P.M. at place Chharra Adda in Aligarh by Bus No.Ka-20/AB-8877 by driving the same rashly and negligently and hitting with the motorcycle (UP 81 Z6164) of the claimant. (i) the first one is the factum of the incident as to whether the accident was caused on 04.07.2011 at about 6.00 P.M. at place Chharra Adda in Aligarh by Bus No.Ka-20/AB-8877 by driving the same rashly and negligently and hitting with the motorcycle (UP 81 Z6164) of the claimant. (ii) the second one is related to the factum of possession of valid and effective driving license by the driver of Bus No.Ka-20/AB-8877. (iii) the third one was based on point of compensation as to what and how much compensation the claimant would be entitled. 5. In this regard, specific findings have been recorded on the aforesaid issues. The finding is specific and positive on point of accident that it was caused on 4.7.2011 at 6.00 P.M. by Bus No.Ka-20/AB-8877 by driving the same rashly and negligently, which caused serious injuries to the claimant. The finding so recorded cannot be disturbed for the reason that the injured himself has been examined along with another eye-witness, which testimony has been taken into account along with the attendant circumstances of the case which forms basis of determining compensation by the tribunal. 6. In so far as the issue of awarding the compensation amount is concerned, that way, it is obvious that the tribunal did not rely on the disability certificate instead after taking wholesome view of the injury caused, its nature and the loss incurred by the injured, the tribunal was of the view that a lump sum of compensation amount pegging it to Rs.1,00,000/- should be the reasonable amount towards compensation under the head loss incurred due to the injury caused to the petitioner- respondent. 7. In so far as compensation amount under other heads is concerned, the same relates to considered the various bills and vouchers produced by the injured respondent before the Tribunal, which was rightly acted upon and calculated by the tribunal. Thus, total compensation awarded to the tune of Rs.2,43,556/- along with accruing interest at the rate of 7% per annum from the date of presentation of the claim petition till the date of realization is just calculation and requires no interference. 8. In view of above, there is no error in the finding recorded by the Tribunal and the compensation awarded is just and consistent, therefore, this First Appeal From Order is sans merit and the same is dismissed in limine. 9. 8. In view of above, there is no error in the finding recorded by the Tribunal and the compensation awarded is just and consistent, therefore, this First Appeal From Order is sans merit and the same is dismissed in limine. 9. Rs.25,000/- shall be remitted to the concerned Tribunal and will be adjusted towards payment to be made to the injured claimant.