Darshan Pal vs New India Assurance Co And Another
2023 Latest Caselaw 21684 ALL

Citation : 2023 Latest Caselaw 21684 ALL
Judgement Date : 10 August, 2023

Allahabad High Court

Darshan Pal vs New India Assurance Co And Another on 10 August, 2023

Bench: Kaushal Jayendra Thaker





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:163406
 
Court No. - 44
 

 
Case :- FIRST APPEAL FROM ORDER No. - 622 of 2023
 

 
Appellant :- Darshan Pal
 
Respondent :- New India Assurance Co And Another
 
Counsel for Appellant :- Ram Singh,P.K. Agarwal
 
Counsel for Respondent :- Aditya Singh Parihar
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

1. Heard learned counsel for the appellant and learned counsel for respondents.

2. This appeal , at the behest of the claimants, challenges the judgment and decree dated 12.08.2004 passed by Additional District Judge-VII, Bareilly (hereinafter referred to as "Tribunal") in M.A.C.P. No. 891 of 2000 awarding a sum of Rs. 19,000/- as compensation with interest at the rate of 6%.

3. The accident is not in dispute. The issue of negligence decided by the Tribunal is not in dispute. The respondent-Insurance Company has not challenged the liability imposed on them. The only issue to be decided is, the quantum of compensation awarded.

4. The tribunal has considered his income to be Rs. 3000/-, granted future loss of income as Rs. 3000/-, granted Rs. 5000/- for pain, shock and suffering and further granted Rs. 11,000/- towards loss of medical expenses.

5. The appellant was in hospital for some days namely from 17.10.2000 to 25.10.2000, he had fracture in his elbow and in his right hand. Fracture itself entails that their would be permanent/partial disablement which would entitle a person for atleast a amount under no fault liability i.e Rs. 25,000/- plus Rs. 11,000/- for medical expenses which is rounded up to Rs. 15,000/-, hence, an additional amount of Rs. 21,000/- with 9% interest is awarded in favour of the appellant who was 28 years old in the year 2000.

6. In view of the above, the appeal is partly allowed. The amount be deposited within 12 week's from today.

7. Record be send back to the tribunal.

8. No amount be kept in fixed deposit as 23 years have elapsed from the date of accident. Further for the period when the matter remained on the defective list only 3% interest would be awardble ie. from 2004 till 2023, from the date delay was condoned again 6% interest would be awardble.

9. This Court is thankful to both the learned counsels for ably assisting this Court.

Order Date :- 10.8.2023