The Oriental Insurance Co. Ltd. vs Kallu @ Brijesh Kumar And 2 Ors.
2013 Latest Caselaw 2560 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- FIRST APPEAL FROM ORDER No. - 972 of 2013
 

 
Appellant :- The Oriental Insurance Co. Ltd.
 
Respondent :- Kallu @ Brijesh Kumar And 2 Ors.
 
Counsel for Appellant :- Ashok K. Jaiswal
 
Counsel for Respondent :- S.D. Ojha
 

 
Hon'ble Rajes Kumar,J.

Learned counsel for the appellant submitted that the accident took place on 5.8.2009 while certificate is dated 29.11.2010 certifying the disability about 35% on the ground that the patient cannot perform as normal routine work by right lower leg. It is the case of the claimant that he was admitted in Swaroop Rani Medical College, Allahabad from 5.8.2009 to 15.8.2009. The doctor, who treated the claimant, has not been produced for cross-examine to ascertain the actual disability and loss of income. The Tribunal merely proceeded to allow the benefit of 35% permanent disability and 35% permanent loss of income without determining the actual loss of income, which ought to have been done by the Tribunal.

Reliance is placed on the decision of the Apex Court in the case of Raj Kumar vs. Ajay Kumar, reported in 2011 (1) T.A.C. 785.

Admit.

Respondent no. 1 is represented by Sri S.D. Ojha, Advocate.

Issue notice to respondent nos. 2 and 3. The appellant may take steps to serve the respondents by registered post.

Until further order, the effect and operation of the impugned judgment and decree dated 1.1.2013 and 8.1.2013 passed by the Additional District Judge, Court No. 1/Motor Accident Claims Tribunal, Chitrakoot in M.A.C.P. No. 101/70 of 2009 (Kallu @ Brijesh Kumar vs. Abhishek Kumar Shukla & others) shall remain stayed provided the appellant deposits the entire amount of compensation within four weeks. Out of the amount deposited, the claimant shall be entitled to withdraw 50% of the amount and the 50% of the amount shall be kept in Fixed Deposit Scheme in a Nationalized bank yielding maximum interest. Any amount already deposited shall be given adjustment.

Office is directed to remit back the statutory amount to the concerned Tribunal within four weeks.

Order Date :- 22.5.2013

OP