The Motor Vehicles Act is in the nature of social welfare legislation and so the provisions justly determine the compensation: High Court Of Chhattisgarh
The learned Tribunal had completely ignored the documentary evidence and awarded a lump sum amount. Such an opinion was held by The Hon’ble High Court Of Chhattisgarh before The Hon’ble Shri Deepak Kumar Tiwari in the matter of Lal Singh Vs. Shivnarayan and Ors [M.A(C) No.124 of 2017 ].
The facts of the case were associated with a miscellaneous appeal by the claimants under Section 173 of the Motor Vehicles Act, 1988 where the award passed by the Second Additional Motor Accident Claims Tribunal was questioned about its legality and propriety. It was reported that respondent 1 was driving his motorcycle in a rash and negligent manner dashed on the appellant resulting in several injuries to the appellant. The claimant/appellant was a school teacher and due to the accident, he could not work for a long time and due to which he claimed a compensation of Rs. 1,82,930/- under different heads.
It was reported that the Tribunal by fastening the liability upon the Respondent jointly and severally, awarded lump sum compensation as stated. The claimant being aggrieved by the decision, preferred the appeal. The Counsel representing the appellant contended that the Tribunal erred in awarding a lump sum amount of Rs.10,000/- and failed to appreciate the evidence on record in order to provide just and proper compensation to the Claimant. Whereas, the counsel for respondent 1 stated that there was no illegality by the Tribunal in awarding the compensation. Medical bills, Travelling expenses etc were submitted by the Appellant in different Exhibits but the learned Tribunal had completely ignored such documentary evidence.
After examining all documents and submissions, The Hon’ble Court stated that “… Considering the fact that the injured Claimant was hospitalized for 8 days and also on leave from 21.12.2012 to 13.01.2013, so additional compensation in different heads is found merited … The enhanced amount of Rs. 51,000/- shall carry interest at the rate of 6% per annum from the date of filing of Claim Petition i.e. 29.08.2013 till its realization. The Appeal is accordingly allowed to the extent indicated hereinabove. Rest of the observations as made by the Claims Tribunal shall remain intact.”
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Judgment reviewed by Bipasha Kundu