The single judge modified the Motor Accident Claims Tribunal's award by directing the respondent to pay an additional Rs.15,000 as a lump sum for permanent disability, adjusting the interest rate and extending the deposit timeline to 12 weeks.
Award of an additional Rs.15,000 to be deposited by the respondent within 12 weeks with adjusted interest rates.
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. - 27
Case :- FIRST APPEAL FROM ORDER No. - 62 of 1992
Appellant :- Ram Nath Patel Respondent :- U.P.S.R.T.C. Counsel for Appellant :- A.L. Jaiswal Counsel for Respondent :- Mukesh Kumar Singh,Sameer Sharma,Sunil Kumar Mishra,Vivek Saran
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard Sri Sharve Singh, learned counsel for the appellant and Sri Mukesh Kumar Singh, learned counsel for the respondent.
This appeal at the behest of the appellant has been preferred against the judgment and award dated 2.5.1991 passed by II Additional District Judge/Motor Accident Claims Tribunal, Allahabad (hereinafter referred to as 'Tribunal') in claim petition No. 145 of 1983.
The Tribunal has awarded a sum of Rs.17,500/with interest for the accident which took place in the year 1983. It is an admitted position as it emerges from the record that the doctor though examined as PW-4 has not stated that what would be the percentage of disability wich would caused to the claimant herein.
It is submitted by Sri Sharve Singh, learned counsel for the appellant that the doctor on his oath has submitted that the claimant had malunited fracture of tibia and fabula bones and there were some injuries on his knee and other parts of the body also.
It is submitted by Sri Mukesh Kumar Singh, learned counsel for the U.P.S.R.T.C. that though the age of the deceased was shown 40 years, he was in fact 50 years of.
The fact that he had malunited fracture of tibia and fabula bones and there were some injuries on his knee and other parts of the body would permit this Court to award an additional sum of Rs.15,000/- as lump sum as no disability certificate has been produced but as he has been in hospital for quite a long time and even in the year 1983 he
was suffering from injuries.
However, the additional amount would carry interest at the rate of 9% only and not 12% from the date of filing of the claim petition till the date of award i.e. 2.5.1991 and thereafter 4% as the matter remained pending here for no fault of U.P.S.R.T.C.
The appeal is partly allowed. The judgment and decree stands modified to the aforesaid extent. The additional amount be deposited within 12 weeks from today by the U.P.S.R.T.C.
Order Date :- 5.1.2018 DKS
1 issue framed by the court
Whether the court can award an additional lump sum in the absence of a disability certificate.
Ram Nath Patel
U.P.S.R.T.C.
Kaushal Jayendra Thaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
