Dinesh Kumar Vs United India Insurance Company Ltd. and Another

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Court No. - 24 Case :- FIRST APPEAL FROM ORDER No. - 3679 of 2009 Appellant :- Dinesh Kumar Respondent :- United India Insurance Company Ltd. And Another Counsel for Appellant :- Sharve Singh Counsel for Respondent :- Amit Singh

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Hon'ble Dr. Kaushal Jayendra Thaker,J.

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Heard Sri Sharve Singh, learned counsel for the appellant and Sri Amit Singh, learned counsel for the respondent.

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This appeal at the behest of the claimant has been preferred against the judgment and order dated 23.9.2009 passed by Motor Accident Claims Tribunal/Additional District Judge, Allahabad (hereinafter referred to as 'Tribunal') dismissing the claim petition of the claimant-appellant.

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Facts are not necessary as it is admitted position of fact that the accident had taken place. The Tribunal has dismissed the claim petition of the claimant on the ground that no medical certificate has been produced.

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However, even under the head of simple injuries and pain shock sufferings where other claimant has been granted compensation, Sri Sharve Singh, learned counsel for the appellant requests that some reasonable compensation be granted in favour of the claimant as the accident has been accepted and out of the accident there would be accidental injuries.

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Hence, showing grace, this Court orders a lumpsum amount of Rs.5,000/- in favour of the claimant with interest at the rate of 9% from the date of accident till the date of order impugned and 4% as the appeal remained pending for no fault of Insurance Company.

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The amount to be deposited within 12 weeks from today before the Tribunal. The Tribunal shall disburse the said amount without keeping the same in fixed deposit as it would be a meagre amount compare to the accident taken place in the year 1987.

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Partly allowed.

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Order Date :- 10.10.2018 DKS

Dinesh Kumar v. United India Insurance Company Ltd. and Another

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Dinesh Kumar v. United India Insurance Company Ltd. and Another

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