In this motor accident first appeal, the Allahabad High Court dismissed the appellant's challenge against a compensation award of Rs. 90,500. The Court found the appellant failed to prove disability or loss of income, holding the awarded amount just and proper.
The first appeal for enhancement of compensation was dismissed.
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. - 59
Case :- FIRST APPEAL FROM ORDER No. - 937 of 1997
Appellant :- Sri Ramji Lal Varma Respondent :- Sri Niwas Sharma And Another Counsel for Appellant :- Madhav Jain Counsel for Respondent :- Radhey Shyam
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Madhav Jain, learned counsel for appellant, Sri Radhey Shyam, learned counsel appearing for respondent no.2/National Insurance Company Limited and perused the record. No one is present for respondent no.1.
This first appeal from order has been filed by the claimantappellant for enhancement of compensation against the judgment and award dated 20.5.1997 passed by learned Additional District Judge, Court No.8/Motor Accident Claims Tribunal, Agra in M.A.C.P. No.538 of 1996 (Ramji Lal Verma Vs. Sri Niwas Sharma and another), by which compensation of Rs.90,500/- along with 12% interest has been awarded to the claimant-appellant on account of injuries received by him in a road accident which was occurred on 26.5.1996.
It is submitted by learned counsel for claimant-appellant that claimant-appellant had received grievous injuries in the accident and his left hand was fractured but a very less amount of compensation has been awarded by the Claims Tribunal.
Learned counsel appearing for the respondent no.2/National Insurance Company has submitted that there was no evidence regarding loss of income to the claimant-appellant. The claimant-appellant had not produced any document regarding his disability and the Claims Tribunal had erred in accepting 50% disability without there being any evidence in this regard. Lastly, it is submitted that compensation awarded by the Claims Tribunal is also on higher side.
Considered the rival submissions of learned counsel appearing for the parties and perused the record.
From perusal of record, it is clear that there is no evidence adduced by the claimant-appellant to prove his disability as well as loss of income. Record shows that claimant-appellant had received injuries in his left hand and there was fracture. The claimant had failed to prove his loss of income on account of injuries received by him in the accident. The compensation of Rs.90,500/- along with 12% interest has been awarded by the
Claims Tribunal which is almost just and proper. No ground for enhancement is made out. The appeal is devoid of merits and is accordingly dismissed.
No order as to costs.
Order Date :- 7.9.2022 Kpy
Digitally signed by KAVLESHWAR PRASAD YADAV Date: 2022.09.08 18:06:34 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the first appeal against the motor accident claims Tribunal award for enhancement of compensation is maintainable in light of lack of evidence regarding disability and loss of income?
Sri Ramji Lal Varma
Sri Niwas Sharma
National Insurance Company Limited
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
