This first appeal challenged an award of Rs.18,011/- by Motor Accident Claims Tribunal for injuries sustained by a 12-year-old girl in a motor accident. The Court dismissed the appeal, rejecting the claim for enhancement.
Maintained the award of Rs.18,011/- and dismissed the appellant's appeal for enhancement.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 16 Case :- FIRST APPEAL FROM ORDER No. - 2198 of 2018
Appellant :- Kumari Poonam Respondent :- Shailendra Kumar And 2 Others Counsel for Appellant :- Vinay Kumar Singh,Rajesh Kumar Singh
Hon'ble Arvind Kumar Mishra-I,J.
Heard Sri Vinay Kumar Singh, learned counsel for the appellant and perused the material brought on record.
By way of the instant appeal, challenge has been made to the award dated 05.02.2018 passed by the Motor Accident Claims Tribunal/Special Judge (SC/ST Act), Jhansi in MACP No.511 of 2016 Kumari Poonam Vs. Shailendra Kumar and others.
Only contention raised for enhancement of the amount of the impugned award is to the extent that in this case, serious injury was caused to the injured Kumari Poonam and fracture on the right leg of the injured Kumari Poonam was proved before the Tribunal. However, the Tribunal failed to take wholesome view of injury caused and loss suffered by the injured and it merely ordered payment of the bills met towards treatment of the injured Kumari Poonam. The amount awarded by the Tribunal is trivial and meager and the injured was admitted to the hospital about months and looking to that period of treatment, it is obvious that the injured has suffered heavily.
Considered the submissions and also perused the certified copy of the impugned award.
Obviously, in this case, bare perusal of the impugned award reflects that the accident took place on 29.04.2016 around 11:00 a.m. when the offending vehicle Magic No.U.P. 93 T 6897 being driven rashly and negligently by its driver dashed the same against Kumari Poonam due to which she sustained serious injury.
The case was contested by the owner and the insurer. Several issues were framed by the Tribunal concerned. After considering the entirety of the case, the Tribunal awarded the compensation Rs.18,011/- along with 7% interest.
Insofar claim regarding amount of the award being trivial and meager is concerned, obviously it is a of injury simplicitor. Though physical disability was claimed by the injured and oral testimony was adduced but no documentary proof was given, therefore, the Tribunal out-rightly rejected claim so raised by the claimant-injured looking to the age of the injured that she being 12 years of age, obviously bone so broken has been properly treated and two parts of the bone have been joined and amalgamated to each other upon plastering which has been done to the injured. Hence, no good ground is made out for interference by this Court at this stage.
For the reasons aforesaid, this appeal lacks merit and the same is dismissed.
Order Date :- 1.5.2018/rkg
2 issues framed by the court
Whether the Motor Accident Claims Tribunal erred in awarding compensation of Rs.18,011/- considering the serious injury caused to the 12-year-old appellant?
Whether this Court should interfere with the Tribunal's finding that the skeletal injury was properly treated with no physical disability?
2 provisions across 2 enactments
Kumari Poonam
Shailendra Kumar
Arvind Kumar Mishra-I,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
