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2021 DIGILAW 573 (RAJ)

Cholamandalam Ms General Insurance Co. Ltd v. Lata Garg

2021-03-05

CHANDRA KUMAR SONGARA

body2021
ORDER 1. These four miscellaneous appeals are directed against the impugned judgment and award dated 19.10.2019 passed by the Court of Motor Accident Claims Tribunal, Alwar (for short 'the Tribunal'), whereby the Tribunal partly allowed the claim petitions No.484/2013 and 485/2013 filed by the claimants, herein. 2. Since, all these appeals arise out of the same impugned judgment and award, they are being decided together by this common order. 3. In short, the relevant facts of the case are that two separate claim petitions came to be filed by the claimants before the Tribunal claiming compensation on account of injuries suffered by Bhuvnesh Garg and Smt. Lata Garg in an accident, which took place on 15.08.2012 at about 10:00-10:30 A.M. while they were going from Alwar to Sawai Madhopur in their own Indica Car bearing registration No.RJ-02-C-5649, when they reached at Mega Highway of Dausa-Kota, near Meenao-ka-Jhopra at Village Malarana Choud, a Mini Truck bearing registration No.UP-12-T-3509, being driven rashly and negligently, came from opposite side and hit their Car, as a result of which, Bhuvnesh Garg and Smt. Lata Garg sustained grievous injuries and the driver of the Car also died in the same accident. 4. The learned Tribunal, after hearing all the parties, vide its impugned judgment and award dated 19.10.2019, partly allowed both the claim petitions filed by the claimants-injured and awarded Rs.2,28,988/- in favour of the claimant-injured Bhuvnesh Garg and also awarded Rs.20,66,707/- to the claimant-injured Lata Garg on account of injuries sustained by them in a road accident and ordered to recover the compensation award amount from the non-claimants jointly and severely. 5. Being dissatisfied by the impugned judgment and award, S.B. CM.A. No.250/2020 and S.B. CM.A. No.246/2020 have been filed by the claimants for enhancement of compensation, whereas S.B. CM.A. No.1322/2020 and S.B. CM.A. No.896/2020 have been preferred by the Insurance-company challenging the impugned judgment and award passed by the Tribunal. 6. The learned counsel appearing for the claimants submits that the amount of compensation awarded by the learned Tribunal is abysmally low. The learned Tribunal has committed an error in awarding Rs.30,000/- as compensation to the claimant-injured Bhuvnesh Garg towards 'pain and suffering' and Rs.10,000/- as compensation for 'nutritious diet', which are on lower side, as injured has also suffered 6% permanent disability. The learned Tribunal has committed an error in awarding Rs.30,000/- as compensation to the claimant-injured Bhuvnesh Garg towards 'pain and suffering' and Rs.10,000/- as compensation for 'nutritious diet', which are on lower side, as injured has also suffered 6% permanent disability. Counsel further submits that the learned Tribunal has awarded compensation to claimant-injured Lata Garg on lower side in all heads, as she has suffered 70% permanent disability. The learned Tribunal has committed a grave error in awarding Rs.1,00,000/- towards 'pain and suffering' and Rs.54,500/-for 'nutritious diet', which are on lower side and the same is liable to be enhanced suitably. 7. On the other hand, learned counsel appearing for the insurance-company, has opposed the submissions made by learned counsel appearing for the claimants and submitted that the learned Tribunal has awarded an excessive amount without having any factual foundation, thus, the impugned judgment and award deserves to be quashed and set aside and the amount awarded may be reduced. 8. Heard learned counsel appearing for the parties and perused the material available on record. 9. The learned Tribunal, while dealing with the evidence available on record, took into consideration all aspects of matter viz., negligence of the driver of the offending vehicle, monetary loss to the claimants on account of permanent disability suffered by them etc., and rightly awarded a sum of Rs.2,28,988/- and Rs.20,66,707/- as compensation in favour of claimants-injured Bhuvnesh Garg and Lata Garg and against the non-claimants and insurance-company, which is just and proper. 10. I am also in agreement with the findings arrived at by the learned Tribunal while passing the impugned award and there is no reason to take a different view already taken by the Tribunal. 11. For the aforesaid reasons, I do not find any force in the appeals filed by the claimants as also the appeals filed by the insurance-company, as they, being bereft of any merit, are hereby dismissed. 12. Consequent upon the dismissal of the appeals, all pending applications, if any, also stand disposed of accordingly.