In an appeal under the Motor Vehicles Act against a compensation award of Rs.21,000, the court examined the claim for a fracture injury. Finding the award meagre, the court enhanced the compensation to Rs.31,000 with adjusted interest.
Compensation enhanced from Rs.21,000 to Rs.31,000 with interest at 7.5% per annum from the date of petition.
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.
THE HON’BLE DR.JUSTICE SHAMEEM AKTHER
M.A.C.M.A.No.3713 OF 2005
JUDGMENT:
This appeal, under Section 173 of the Motor Vehicles Act, 1988, is filed by the appellant/claimant aggrieved by the grant of compensation of Rs.21,000/- with proportionate costs and interest at 9% per annum from the date of petition till the date of deposit, as against a claim of Rs.1,00,000/-, by the learned Chairman, Motor Accident Claims Tribunal – cum – III Additional District Judge, (Fast Track Court), Adilabad at Asifabad (for short, “the Tribunal”) vide order, dated 28.03.2005, passed in O.P.No.679 of 2001.
Dr.SA, J
M.A.C.M.A.No.3713 of 2005
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would contend that though the claimant suffered only one fracture injury, the Tribunal had taken into consideration the said injury as well as the consequences arose thereon and awarded just compensation of Rs.21,000/- in total along with proportionate costs and interest at 9% per annum from the date of petition till the date of deposit; that there is no infirmity in the impugned order and there are no circumstances to interfere with the same and ultimately, prayed to dismiss the appeal.
“Whether the appellant/claimant is entitled for enhancement of compensation?”
M.A.C.M.A.No.3713 of 2005
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Dr.SA, J
the appellant/claimant is entitled for a total compensation of Rs.31,000/- (i.e., Rs.21,000/- + Rs.10,000/-) (Rupees thirty one thousand only).
___________________________________ DR.JUSTICE SHAMEEM AKTHER
Date : 11.10.2018 AMD
Dr.SA, J
M.A.C.M.A.No.3713 of 2005
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THE HON’BLE DR.JUSTICE SHAMEEM AKTHER
M.A.C.M.A.No.3713 OF 2005
Date: 11.10.2018
AMD
1 issue framed by the court
Whether the appellant/claimant is entitled for enhancement of compensation?
1 provisions across 1 enactments
Appellant/Claimant
United India Insurance Company Limited
Dr. Justice Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
