High CourtsDivision Bench

United India Insurance Company Ltd. vs Vivek Kumar and Another

Allahabad High Court · Decided on 29 November 2001 · Citation: (2002) 2 ACC 407

HON’BLE JUDGES
V.M. Sahai, J · Sudhir Narain, J

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Judgment

8 paragraphs · 243 words

Sudhir Narain, J.—This appeal is directed against the award of the Motor Accident Claims Tribunal, Etawah dated 21.7.2001 awarding a sum of Rs. 1,10,600/- as compensation to the claimant-respondents.

2.

The claim petition was filed with the allegation that the claimant-respondent while he was going on foot, Motor Cycle No. UP 75 A 9250 dashed against him, which was driven rashly and negligently by the driver, due to which he suffered fracture on his right hand.

3.

The Tribunal found that the claimant-respondent had suffered injuries on right hand and he had 20% permanent disability. This order has been challenged by the Insurance Company.

4.

We have heard Mr. Ashok Kumar Srivastava, Learned Counsel for the appellant.

5.

The learned Counsel for the appellant contended that the amount awarded is excessive. The injuries suffered by the claimant was a simple injury and there was no justification to award this amount. The Doctor in his report indicated that there was a fracture in right elbow joint causing disability of about 20% of permanent nature. This report has been accepted by the Tribunal.

6.

We do not find any error in the order of the Tribunal.

7.

The appeal is accordingly dismissed.

8.

Rs. 25,000/- deposited by the appellant in this Court, shall be remitted by the Registry of this Court to the Motor Accident Claims Tribunal concerned within one month from today for payment/adjustment of the amount payable by the appellant to the claimants-respondents.