Ashwani Kumar vs The Oriental Insurance Co. ...
2023 Latest Caselaw 14478 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:98226
 
Court No. - 1
 

 
Case :- FIRST APPEAL FROM ORDER No. - 3420 of 2009
 
Appellant :- Ashwani Kumar
 
Respondent :- The Oriental Insurance Co. Ltd.And Another
 
Counsel for Appellant :- K.N.Yadav,D.K.Tewari,Lalit Kumar
 
Counsel for Respondent :- Amit Kumar,S.K.Mehrotra
 

 
Hon'ble Dinesh Kumar Singh,J.

Heard learned counsel for the appellant and Sri S.K. Mehrotra, learned counsel for the respondent-insurance company.

Instant first appeal from order has been filed against the judgment and order dated 21.07.2000 passed by the IV Addl. District Judge, Kanpur Nagar, in the Motor Accident Claim Petition No. 257 of 1995.

The appellant met with an accident by truck No. DIG-1920 and received injuries. The facts are not much in dispute.

The learned Tribunal framed Issue No. 6 regarding amount of compensation for which the appellant was entitled. While deciding the Issue No. 6, the appellant's yearly income was considered to be Rs. 1500/- per month. The appellant claimed to have suffered 20% of disability, however, the learned Tribunal found that such disability was not strictly proved and his disability was considered to be 10% on which the amount of compensation of Rs. 37,000/- along with 10% interest per annum from the date of filing of claim petition was awarded.

Learned counsel for the appellant submits that the learned Tribunal wrongly rejected the claim of the appellant for his disability to the extent of 20%, however, I find no ground to disbelieve or reject the finding of the learned Tribunal in this respect.

Considering the fact that amount of compensation was very meagre i.e. only Rs. 37,000/- for the injury suffered by the appellant, this Court deems it appropriate to grant Rs. 50,000/- further compensation to the appellant which shall be paid by the insurance company within six weeks. No interest is payable on the enhanced compensation.

Order Date :- 8.5.2023/S.A.