SINDHU MITTAL Vs. KANHAI LAL

JUDGEMENT

(1.) THE present appeals are filed seeking enhancement of the compensation amount.

(2.) THE first appeal i.e. MAC APP. No. 319/2014 is filed by Smt.Sindhu Mittal, MAC. APP. No. 321/2014 is filed by Sh.Subhash Chand Mittal who is the husband of Smt. Sindhu Mittal and MAC.APP. No.325/2014 is filed by Sh.Rajender Kumar Mittal said to be the brother of Sh.Subhash Mittal. All the three appellants were travelling together on 06.11.2011 in a Santro Car and were going towards Shikarpur, Bulandshahar. When they reached near Bilsuri Pulia, they were hit by a truck being driven rashly and negligently. All the persons travelling in the car suffered injuries.

(3.) LEARNED counsel appearing for the appellant has made three submissions. He firstly submits that out of the medical bills amount of Rs.1,36,418/ - plus Rs.24,408/ -, a sum of Rs.1,26,469/ - and Rs.13,225/ - respectively have been reimbursed to the appellant by the Government who is the employer of the husband of the appellant/Smt.Sindhu Mittal. Balance has been reimbursed to the appellant by the Tribunal. Learned counsel submits that this is contrary to the judgment of the High Court and the Supreme Court. He relies upon the judgment of this High Court in the case of National Insurance Co. Ltd. vs. Aman Kapur and Ors. : 2014 ACJ 1342. He also relies upon the judgment of the Andhra Pradesh High Court in the case of The New India Assurance Company Ltd. vs. Mudan Kistaiah and Anr. in MAC.APP. No. 2626/2009 decided on 06.06.2014. He seeks payment of the said bills reimbursed by the employer of the husband i.e. the sum of Rs.1,24,469/ - plus Rs.13,925/ -. He secondly submits that the loss of earning awarded to the appellant/Smt. Sindhu Mittal is on the lower side. He submits that in the Award, the Tribunal notes that the appellant must have remained out of work for 2 -3 months. However, despite the said note the Tribunal awarded compensation only for one month for loss of earning. He lastly submits that the payment made on account of compensation towards Special Diet and Conveyance to the appellant is on the lower side.