High Court Of ChhattisgarhMAC/338/2018allowed

Nand Kumar Mishra v. Mohammad Afzal @ Vickky,

2018-03-07Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT of CHHATTISGARH, BILASPUR MAC No. 338 of 2018 Nand Kumar Mishra S/o Late Ramkhelawan Mishra Aged About 52 Years Occupation Service In Sports And Youth Welfare Department Baikunthpur R/o Chhinddand, Tahsil Baikunthpur, District Koriya, Chhattisgarh.

---- Appellant

Versus

1. Mohammad Afzal @ Vickky, S/o Mohammad Aslam Aged About 22 Years Caste Musalman, R/o Bazar Para, Ward No.13, Baikunthpur, District Koriya, Chhattisgarh (Owner And Driver), District : Koriya (Baikunthpur), Chhattisgarh.

2. Manager National Insurance Company Limited, Dox 0 Moto Corps, Vertical 101-106, Bmc House, Knot Place, New Delhi, 110001 (Insurer), District : New Delhi, Delhi ---- Respondents For Appellant :

Shri Atanu Ghosh, Advocate.

For respondent No.2 :

Shri Anil Gulati, Advocate.

Hon'ble Shri Justice P. Sam Koshy Judgment On Board 07.03.2018.

1. The present appeal under Section 173 of the Motor Vehicles Act has been filed by the claimant seeking enhancement of compensation against the award dated 07.11.2017 passed by the Additional Motor Accident Claims Tribunal, Koria (in short, the Tribunal) in Claim Case No.145/2013. Vide the said impugned award, the Tribunal has awarded a compensation of Rs.7,000/- with interest @ 7.5 percent per annum from the date of application.

2. The contention of the appellant is that the compensation awarded by the Tribunal is unreasonably low taking in to account the disability and the injury sustained by the claimant. Thus, prayed for amount to

be suitably enhanced.

3. The counsel for the insurance company opposing the appeal submits submits that the award seems to be fair and reasonable. The award has been passed taking into consideration the entire evidence which has been brought on record. Thus, prayed for rejection of appeal.

4. Having heard the contentions put forth on either side and considering the nature of injuries sustained by the claimant, in the opinion of this court ends of justice would meet if the claimant is awarded an additional amount of Rs.20,000/- in addition to what has already been awarded.

5. Thus, it is ordered that the claimant shall now be entitled for a total compensation of Rs. 27,000/- instead of Rs.7,000/- as awarded by the Tribunal.

6. The above enhanced amount shall also carry interest at the rate as awarded by the Tribunal.

7. The appeal thus stands allowed and disposed of. Sd/- (P.Sam Koshy) Judge inder