I C I C I Lombard General Insurance Co. Limited v. Jinder @ Jatinder Singh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1306 of 2017 ICICI Lombard General Insurance Co. Limited Through Its In Charge Officer, Zenith House, Keshav Rao Khande Marg, Mahalakshmi, Mumbai 400034 ---- Appellant

Versus

1. Jinder @ Jatinder Singh S/o Shri Sakattar Singh, Aged About 26 Years R/o Punjab Road Lines, 43 / C, Transport Nagar, Hathkhoj, Bhilai, Tehsil And District Durg, Chhattisgarh. (Claimant)

2. Davinder Singh, S/o Shri Gyan Singh, R/o C.G. 735, Tatibandh, Raipur, Tehsil & District Raipur, Chhattisgarh. ----Respondents For Appellant :

Mr. Amrito Das, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 21/09/2017

1. Heard on I.A. No.1, which is an application for condonation of delay. For the reasons assigned in the application and finding them to be satisfactory, I.A. No.1 is allowed and delay of 37 days in filing the appeal stands condoned.

2. The challenge in the present appeal is the award dated 11.05.2017, passed by the 1st Additional Motor Accident Claims Tribunal, Durg, Chhattisgarh, in Claim Case No. 2500/2015. Vide the said impugned award the Tribunal in a claim case under Section 166 of the Motor Vehicles Act has awarded a compensation of Rs.3,96,000/- with interest @ 6% per annum from the date of application.

3. The primary challenge to the award is to the quantum awarded by the Tribunal. Perusal of the record show that it is a case, where the injuries sustained by the claimant was amputation of his right leg below the knee. The record also reveals that the Doctor also was dully examined before the Tribunal.

4. In view of the same, this Court does not find any strong case made out by the Insurance Company calling for any interference worth admitting the appeal.

5. Thus appeal fails and accordingly dismissed. Sd/- (P. Sam Koshy) Judge Ved