Ashok S/O Narayandas Jagyasi vs The Traffic Engineer, The Nmc, ...
2016 Latest Caselaw 1409 Bom

     fa119.16.J.odt                                                                                                                 1/2



                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                                                
                               NAGPUR BENCH, NAGPUR




                                                                                 
                                        FIRST APPEAL NO.119 OF 2016

                Ashok s/o Narayandas Jgyasi
                Aged about 63 years, Occ: Nil,
                R/o Flat No.6 A/2, Rai Town,




                                                                                
                Hingna Road, IC Chowk,
                Nagpur.                                                           ....... APPELLANT

                                                 ...V E R S U S...




                                                             
     1]         The Traffic Engineer,
                                   
                The NMC, Civil Lines, Nagpur.

     2]       The Manager,
                                  
              The United India Insurance Co. Ltd.,
              Shankar Nagar Chowk, Nagpur.                       ....... RESPONDENTS
     ----------------------------------------------------------------------------------------------------
              Ms. M.H. Pathade, Advocate for Appellant.
      

              Shri M.R. Joharapurkar, Advocate for Respondents.
     ----------------------------------------------------------------------------------------------------
   



                           CORAM:  R.K. DESHPANDE, J. 

th APRIL, 2016.

                           DATE:      11





     ORAL JUDGMENT



     1]                    The   claim   in   this   appeal   is   for   no   fault   liability   of

Rs.25,000/- on account of permanent of disability is suffered by the

claimant.

2] The Tribunal has rejected such claim on the ground that it

was not the fit case for grant of interim compensation, as discharge card

shows that the petitioners sustained contusion and lacerated injury and

fa119.16.J.odt 2/2

was done only bone grafting. The reason cannot be accepted.

The certificate produced on record shows 13% permanent disability.

The question as to the correctness of the certificate is required to be gone

into by the Tribunal after permitting the parties to lead evidence.

The Tribunal has committed an error in refusing to award interim

compensation. The order will have to be set aside and the claimant is

held entitled to interim compensation.

3]

In the result, the appeal is allowed. The order dated

20.02.2014 passed by the Motor Accident Claims Tribunal below

Exhibit 5 in Claim Petition No.1183 of 2012 is hereby quashed and set

aside. The application is allowed. The appellant is held entitled to no

fault claim of Rs.25,000/- to be paid within a period of one month;

failing which interest at the rate of 9% per annum shall have to be paid

till realization of the amount.

4] Record and proceedings, if it is received, be sent back

immediately.

JUDGE

NSN