NEW INDIA ASSURANCE CO LTD Vs. HIMMAT SINGH

JUDGEMENT

(1.) These are two connected appeals directed against an award given by the Motor Accidents Claims Tribunal (Additional District Judge, Allahabad) dated 24th January, 1978. By this award the Tribunal has allowed the claim petition awarding a sum of Rs. 17,500/- to the claimant while rejecting the rest of the claims. The claimant has filed F.AF.O. No. 464 of 1978 seeking enhancement of the compensation awarded, while F.A.F.O. No. 220 of 1978 has been filed by the assurance company on the ground that the amount awarded was excessive and the claimant was not entitled to any compensation at all. Since both these appeals arise out of the same award they can be conveniently disposed of by a common judgment.

(2.) The fact about the accident and the injuries caused to the claimant are not seriously in dispute. The claimant was travelling along with his wife in tempo No. UPZ 6327 on 27th April, 1976 from Karchhana to Allahabad city. At about 10.30 a.m. the said tempo collided with another tempo UPP 7053 which was coming from the opposite direction. It is alleged that the tempo in which claimant was travelling was being driven rashly and negligently and as a result of the accident the claimant received grievous injuries and his left hand bone was fractured and he has been permanently incapacitated. His claim for Rs. 34,500/- was, therefore, put forward before the Tribunal under Section 110-A of the Motor Vehicles Act.

(3.) The petition was contested by the owner of the tempo and also by the assurance company. The Tribunal on assessment of the evidence led before it came to the conclusion that the accident has been caused due to rash and negligent driving by the drivers of both the tempos. While computing the award of compensation the Tribunal, however, granted a decree for Rs. 17,500/only. Against a claim of Rs. 4,000/- towards medical expenses only Rs. 2,000/- has been awarded. Similarly, against a claim of Rs. 10,000/- for mental shock, pain and agony only Rs. 5,000/- has been awarded. For the loss of left hand Rs. 8,000/- has been awarded against a claim of Rs. 15,000/-. Loss of business has been assessed at Rs. 2,500/- and the claim of Rs. 2,000/towards food, accommodation and treatment etc. has been denied. Feeling aggrieved the claimant has filed this appeal and it is contended that Tribunal has not properly assessed the compensation amount.