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NAND KUMAR MISHRA vs MOHAMMAD AFZAL @ VICKKY,

Chhattisgarh High Court · Decided on 7 March 2018 · Citation: (2018) 03 CHH CK 0130

HON’BLE JUDGES
P. SAM KOSHY
ACTS & SECTIONS REFERRED
Motor Vehicles Act, 1988 — Section 173
RESULT
Disposed Of
CASE NUMBER
MAC No. 338 of 2018

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Judgment

12 paragraphs · 253 words
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.