Excerpt
A Civil Miscellaneous Appeal was filed under Section 173 of the Motor Vehicles Act, 1988. It was against the Judgment and the decree dated 09.12.2015 on files of the Motor Accident Claims Tribunal.
Facts
An appeal was filed challenging the award passed by the Motor Accident Claims Tribunal Principal Subordinate Court by the Transport Corporation. It had directed the appellant to pay the respondent Rs. 2,18,000/- as compensation for the injuries sustained by him in an accident caused by a bus owned by the Appellant. The injuries to the respondent were treated at both Government and Private hospitals. The Respondent had thus claimed Rs. 10,00,000. The Tribunal awarded only a sum of Rs.2,18,000/- as compensation to the respondent. This sum was inclusive of the cost of medical expenses, loss of amenities, etc. Aggrieved by this decision, the Appellant had filed the present appeal
Arguments
The Respondent filed the documents and three witnesses were examined. On the side of Appellant, one witness was examined. The Appellant challenged the award on the ground that mere registration of an FIR is not enough for holding negligence on their part. The Tribunal had also erred in taking the permanent disability of the respondent, 35%. According to the appellant, it was on the higher side.
Court’s Observation
The Court observed that the Respondent had not only filled an FIR but also adduced oral evidence through an eye-witness to the accident to prove the case. Whereas, no contra evidence was produced by the Appellant to disprove the contention raised by the Respondent. Therefore, the Court considered that there was no basis for the appellant to contend that mere registration of an FIR against the driver without corroboration by any other independent witness
The Court also observed that as far as the fixation of 35% disability on the Respondent was concerned, the same was supported by documentary evidence. While considering the nature of injuries sustained by the respondent, the quantum of compensation awarded to the respondent under various heads, Rs. 2,18,000 cannot be considered excessive, as alleged by the Appellant
Court’s Decision
The Court held that there stands no merit in this Appeal. The Civil Miscellaneous Appeal was thus, dismissed
The court directed the appellant to deposit the amount of award together with interest at 7.5% p.a. from the date of claim petition till the date of realization. Also, less the amount, if any, already deposited to the credit on the files of Motor Accident Claims Tribunal, within four weeks from the date of receipt of the copy of Judgment. On such a deposit, the Tribunal was directed to transfer the award amount directly to the bank account of the respondent within two weeks
CLICK HERE TO VIEW THE JUDGMENT.
Libertatem.in is now on Telegram. Follow us for regular legal updates and judgment from courts. Follow us on Google News, Instagram, LinkedIn, Facebook & Twitter. You can subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.
