Ajay Kumar Verma vs Praveen Kumar Ramaya And Others
2023 Latest Caselaw 20287 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:154804
 
Court No. - 44
 

 
Case :- FIRST APPEAL FROM ORDER No. - 417 of 1998
 

 
Appellant :- Ajay Kumar Verma
 
Respondent :- Praveen Kumar Ramaya And Others
 
Counsel for Appellant :- R.P. Tiwari,Dhiraj Srivastava,Pt. K. K. Dubey
 
Counsel for Respondent :- A.K.Shukla,V.K.Singh
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

By way of this appeal, the claimant-appellant has challenged the judgment and order dated 31.01.1998 passed by Motor Accident Claims Tribunal / V-Additional District Judge, Jhansi (hereinafter referred to as ?Tribunal?) in M.A.C.P. No.161 of 1993 (Ajay Kumar Verma 'Neelu' vs. Praveen Kumar Ramaya and others) awarding sum of Rs.55,000/- as compensation to the claimant/appellant with interest at the rate of 10% per annum from the date of filing the claim petition.

While calculating the amount, the claimant would be entitled to get enhancement, which by consent of parties, including interest would be Rs.1,00,000/-, which according to this Court is just and proper. The claimant has suffered about 40% disability on his right foot, which would be 20% as a whole. Over and above, the amount of Rs.1,00,000/- is ordered.

The amount kept in fixed deposit be paid to the claimant with interest, which has approved till date and the amount shall not be kept in fixed deposit any more as more than 25 years have elapsed.

The appeal is partly allowed.

Record be sent back to the Tribunal so that the amount can be disbursed to the claimant forthwith. The amount will be deposited within 8 weeks from today, failing which the amount would carry 6% per annum rate of interest.

Order Date :- 2.8.2023

LN Tripathi