NATIONAL INSURANCE COMPANY LIMITED Vs. LAVKUSH AND ANOTHER

JUDGEMENT

(1.) Deepak Kumar Agarwal, learned counsel for appellant and Sri Anoop Kumar Srivastava, learned counsel for claimant-respondent no. 1. Both counsel for the parties requested that issue raised in this appeal is basically legal and there is no factual dispute, hence appeal may be heard at this stage on the basis of record of memo of appeal and decided finally as no useful purpose will be served by keeping it pending. Learned counsel for appellant also stated that award is not being challenged on the question, whether there was accident or not or that accident took place due to negligence of vehicle owned by Respondent 2. All these aspects are not being agitated and to this extent findings of Tribunal qua appellant are final. Appellant is confining relief in this appeal only on the quantum of compensation awarded to Claimant-Respondent 1.

(2.) Hence we proceed to decide this appeal after hearing learned counsel for parties at this stage.

(3.) This appeal has come up at the instance of National Insurance Company Limited (hereinafter referred to as the "Insurer") under Sec. 173 of Motor Vehicles Act, 1988 (hereinafter referred to as the "Act, 1988") assailing judgment and award dated 07.12.2016 passed by Sri Veerbhadra, Additional District Judge (Court No. 8), Barabanki/ Motor Accident Claims Tribunal (hereinafter referred to as the "Tribunal") in Motor Accident Claim Petition (hereinafter referred to as the "MACP") No. 140 of 2015, awarding compensation of Rs. 7,10,319/payable by Appellant-Insurer to Claimant-Respondent 1 along with 6% interest. Amount of compensation included (i) Rs. 6,48,000/towards loss of earning; (ii) Rs. 10,000/towards pain and sufferings; (iii) Rs. 10,000/for loss of limb; (iv) Rs. 10,000/towards expenses on assistant; and, (v) Rs. 30319/towards medical expenses.