NEW INDIA ASSURANCE CO LTD Vs. INDU NAGAR

JUDGEMENT

(1.) FEELING aggrieved by judgment dated 24-8-1995 of Motor Accidents Claims Tribunal, Guna in Claim Petition No. 6/92, the Insurance Company alongwith insured owner of the vehicle have come up in appeal, seeking redress praying for setting aside of award, however, an oral request has been made only of reduction of the amount of compensation.

(2.) THE learned Counsel of respondent No. 1 has raised a preliminary objection, that the appeal by Insurance Company is not tenable without obtaining permission under Section 173 of the Motor Vehicles Act (for short "the Act") from the Claims Tribunal. However, in our opinion, the Hon'ble Apex Court in its decision in case of United India Insurance Co. Ltd. v. Bhushan Sachdeva and Ors. , reported in 2002 (1) TAC 621 (SC), has expressed the view that it is open to the Insurance Company to invoke the right under Section 173 of the Act as the insured had failed to appeal against the award passed against him. That being the position, the revision petition filed by the appellant, before the High Court should be treated as an appeal under Section 173 of the Act. In the present case, the owner of the vehicle i. e. , insured has also been joined in this appeal with the Insurance Company. The appeal in the circumstances, in our opinion, is maintainable.

(3.) THE learned Counsel of the appellant has no grudge in so far as the findings of the Claims Tribunal, regarding injuries suffered by claimant are concerned. However, what is disputed is the manner in which the learned Claims Tribunal has assessed the compensation. According to the medical evidence on record, the claimant Smt. Indu Nagar, who was Assistant Professor, in the Govt. Kamla Raja Girls College, Gwalior, was examined by Doctor S. N. Goyal, who found fracture of her spinal cord and there was acute paraplegia below the level of spinal fracture. Functioning of both lower limbs operative scar of about 10" long painful and tender at mid line back from D7 to D L5 level. She requires two stick support for standing and for walk. She also requires back support to sit and stand. She requires foot drop splint support to keep both feet in plantigrade position.