SHASHIBALA GUPTA Vs. RAVI AND ANR

JUDGEMENT

(1.) This First Appeal From Order has been filed under Section 173 of Motor Vehicle Act, 1988 (hereinafter referred to 'Act') by the appellant, against award dated 19.12.2017 passed by Motor Accident Claims Tribunal/Additional District Judge, court no.5, Aligarh in Motor Accident Claim Petition no.835 of 2011, Ravi vs. Shashibala Gupta and another, whereby, the claim petition was partly allowed for compensation amount Rs.2,43,556/- along with accruing interest at the rate of 7% per annum to be counted from the date of presentation of the claim petition till the date of realization.

(2.) Specific contention has been raised by Sri Vipul Kumar, learned counsel for the appellant that in this case the assessment made by the Tribunal is not based on material on record and the amount of compensation has been arbitrarily assessed. He further adds that there was no disability certificate justifying awarding Rs.1,00,000/-, as the amount under head of disability incurred by the injured claimant.

(3.) Next contended that the vehicle in question- say- K. A. 20 A.B. 8877 was under repair in garage on the date and time of alleged incident i.e. 4.7.2011 and evidence adduced in that regard by the appellant was not properly considered by the tribunal and erroneous finding was recorded. The fact is that the accident was infact caused by rash and negligent driving of some roadways Bus, which incident was published in the newspaper next day, but for no worthy reason the tribunal ignored this pivotal fact. He further submits that the amount so awarded is excessive and arbitrary. The fact is that Tribunal concerned misconstrued and misinterpreted the evidence on record in awarding the compensation amount to the claimant.