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| HC enhances accident claim amount from Rs. 16 lakhs to Rs.18 lakhs | | | Early Times Reporter
Jammu | July 21
Justice JP of J&K High Court at Jammu Wing in an appeal filed by Oriental Insurance Company against the claim awarded by the MACT in an accident case has enhanced the claim from Rs 16, 03, 200 to Rs. Rs 18, 38, 200.
The case projected by the claimant in cross-appeal that he had gone to attend a marriage function at Karan Palace Patoli Jammu on December 6, 2001 when a Motor Vehicle which was being driven rashly and negligently by Pushpat, its driver, firstly hit a Maruti Car thereafter a Tata Sumo and finally Mukhteshwar Chib, thereby causing him severe injuries. He was brought to GMC Jammu in a critical condition where he remained admitted till December 10, 2001 and thereafter he was shifted to Christian Medical College (CMC) Hospital, Ludhiana for further treatment. He suffered multiple grievous injuries in the accident and his left leg was crushed to such an extent that to save his life it had to be ultimately amputated below the knee. Complainant accordingly lodged a claim for an amount of Rs 30 lakhs along with interest @ 18 % per annum; however, the MACT awarded Rs 16, 03, 200 as compensation. Aggrieved by the award, the Oriental Insurance Company Limited filed an appeal dissatisfied with the quantum of compensation awarded by the Tribunal. The claimant also filed a cross appeal which was disposed off today.
Justice Singh, after hearing Adv Vishnu Gupta appearing for insurance company whereas Adv RK Bhatia appearing for Mukhteshwar Chib and going through the case file and referring to various judgment of the Supreme Court of India, observed that keeping in view the long span of more than 50 years which the claimant is expected to pass through and the award by the Tribunal appears to be penurious. In the opinion of Court, an amount of Rs 2 lakhs for loss of amenities and pleasures of the life and an amount of Rs one lakh for pain and suffering would be just compensation to the claimant.
Court while dismissing Insurance Company's appeal and allowing the cross-appeal of the claimant modified the tribunal's award, and enhanced it to Rs.18, 38, 200. The item pain and suffering and loss of amenities and pleasure of life shall accordingly stand modified to Rs one lakh and two lakhs respectively, rest of the terms of the award shall remain unaltered, amount deposited by the appellant shall be released in favour of the claimant with a direction to the Insurance Company to satisfy the award by paying the remaining amount along with interest within six weeks. JNF |
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