Dismissed

Somendra Mishra v. Theshwarnath Tarar

Chhattisgarh HC6 Nov 2017MAC/1485/2017

Case brief

AI extract

What is this about?

This is an appeal against an award of Rs. 80,000 in a motor accident injury case. The High Court allowed the condonation of a 104-day delay. The appeal was dismissed because the appellant failed to produce medical evidence or a disability certificate to support the claim for interference with the Tribunal's award.

What did the court decide?

I.A. No.1 allowed condoning 104 days delay; appeal dismissed.

Somendra Mishra Vs Theshwarnath Tarar — Motor Accident Claims | Chhattisgarh HC (2017)

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1485 of 2017

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Somendra Mishra S/o Ganesh Mishra, Aged About 23 Years R/o Rawatpura Colony, Mathpuraina, Police Station Tikrapara, Raipur, District Raipur Chhattisgarh

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---- Appellant

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Versus

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Theshwarnath Tarar S/o Late Denanath Tarar, R/o Laxmi Nagar (Besides Canal), Ekta Chowk, Raipur, Police Station Tikrapara, District Raipur Chhattisgarh

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Smt. Saraswati, W/o Theshwarnath Tarar, R/o Laxmi Nagar (Besides Canal), Ekta Chowk, Raipur, Police Station Tikrapara, District Raipur Chhattisgarh

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Ifko Tokiyo General Insurance Company Limited, Through In - Charge Officer / Competent Officer, Ifko Tokiyo General Insurance Company Limited, 205, M. M. Silver Plaza, Ring Road No. 1, Near Khanij Bhawan, Raipur, District Raipur Chhattisgarh

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----Respondents

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For Appellant : Mr. Amiyakant Tiwari, Advocate

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Hon'ble Shri Justice P. Sam Koshy Order on Board

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06/11/2017

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Heard on I.A. No.1, which is an application for condonation of delay. For the reasons assigned in the application and finding them to be satisfactory, I.A. No.1 is allowed and delay of 104 days in filing the appeal stands condoned.

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Present is an appeal by the Claimant assailing the award dated 12.04.2017, passed by the 7 th Additional Motor Accident Claims Tribunal, Raipur, Chhattisgarh, in Motor Accident Claim Case No. 425/2015.

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Vide the impugned award the Tribunal in an injury case under Section 166 of the Motor Vehicles Act has awarded a compensation

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of Rs.80,000/- with interest @ 6% per annum from the date of application.

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A perusal of records would show that the Claimant in the instant case has not able to lead evidence of a Doctor to support the injuries and disability sustained. Further the appellant has also not furnished any disability certificate issued from the medical board assessing the permanent disability of the claimant.

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In the absence of the any medical evidence as also the certificate of disability of permanent disability, this Court does not find any strong case made out by the claimant for interfering with the award passed by the Tribunal.

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The appeal thus fails and is accordingly dismissed.

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Sd/-

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(P. Sam Koshy) Judge

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Ved

Somendra Mishra v. Theshwarnath Tarar

Case brief

What is this about?

What did the court decide?

Somendra Mishra v. Theshwarnath Tarar

Case brief

What is this about?

What did the court decide?

What the court decided

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