The Tripura High Court dismissed a Writ appeal filed against the judgment and award dated 29.02.2020 passed by the learned Member, Motor Accident Claims Tribunal, North Tripura. The appeal has been filed by the insurance company against the lower Court’s decision to grant compensation to the claimant.
Brief Facts:
Sri Harilal Das had got information that one of his close relatives was lying in death bed in a very serious condition and for going there, Harilal took a lift from Md. Abdul Ahad. The vehicle met with an accident due to rash and negligent driving by the driver and as a result, Sri Harilal Das sustained grievous injuries. Harilal, the claimant had to keep three attendants during his treatment. It is also stated that the claimant suffered 40% disability.
Contentions of the Appellant:
The Learned Counsel for the appellant contended that the Court below did not apply its mind and with flagrant disregard of law and justice imposed the liability of payment of compensation of Rs.36,23,584/- upon the appellant insurance company despite, the claimant claiming only Rs.29,38,255/-. It further argued that the appeal has been filed after elapse of 3 years and on the ground of delay, the Court below ought to have dismissed the same.
The Counsel for the appellant also argued that the learned Court below ought to have understood that on account of the aforesaid injury, the physical disability to his own body had been assessed at 40% only for one year by the said medical board and the said medical board has never opined that the disability to his own body could not be cured.
Observation of the Court
The Court observed that the counsel for the insurance company neither argued on the above point nor produced any evidence on behalf of the insurance company as deposed before the Court below. Since the insurance company miserably failed in protecting its interest and did not make any diligent attempts, it is not open for the insurance company to get the award set aside by way of filing this appeal taking new ground.
The decision of the Court:
The Tripura High Court dismissed the appeal and upheld the order of the lower court. The Court said that it is a settled principle of law and the Apex Court, in a number of matters, has held that the awarded amount need not be restricted to the amount i.e., claimed by the appellant; it can vary depending on the facts and circumstances of the case either reducing the claim or increasing the claim.
Case Title: The Oriental Insurance Company Ltd. v. Harilal Das and ors.
Coram: Hon’ble The Chief Justice T. Amarnath Goud
Case no.: MAC. APP. NO. 02 OF 2021
Advocate for the Appellants: Mr. B. Majumder, Advocate
Advocate for the Respondents: Mr. G. K. Nama, Advocate
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