RAM BHAROSE Vs. NEW INDIA INSURANCE COMPANY

JUDGEMENT

(1.) RESPONDENTS ' counsel Shri Lahoti submits that this is not the case in which any consideration is deserved by the appellant and the prayer in the appeal for enhancement in the quantum of the award is misconceived.

(2.) I have no doubt that counsel is right to th-3 extent that decisions which are cited before me in some cases take the view that for injury caused to the nose in a motor accident, the claim could be validly settled of Rs. 5,000/-, but needless to state that each case has to be decided on its own facts and a single yard-stick in such cases can hardly do justice to all cases of all natures.

(3.) HOWEVER , there is another salutary grievance based on Supreme judicial mandate inscribed in the decisions in N. Sivammal, AIR 1985 SC 106) and Jagbir Singh, (AIR 1987 SC 70). Learned Member of the Accident Claims Tribunal has awarded an interest at the rate of 9% per annum which, according to the judicial mandate, cannot be less than 12% per annum.