ORIENTAL INSURANCE COMPANY LTD Vs. CHHABI SAHU

JUDGEMENT

(1.) The Insurance Company has filed this appeal against the award passed by the Motor Accident Claims Tribunal awarding a sum of Rs. 80,000/ - as compensation. The Claims Tribunal has directed that the said amount shall be paid with interest of six per cent from 30.11.1988, that is to say, the date of claim application. It was further directed that if the Insurance Company fails to pay the aforesaid amount within three months, it shall be liable to pay penal interest at the rate of 12 per cent per annum from 30.11.1998 till realisation.

(2.) CLAIMANT -respondent No. 1 sustained injuries in an accident involving the motor vehicle belonging to original respondent No. 2. It has been found that the accident occurred due to rash and negligent driving of the driver of the vehicle. It has been further found that the claimant -respondent sustained several injuries including head injury. The learned Counsel for the appellant contended that the matter should be remanded to the Claims Tribunal as there is no evidence in support of the nature of injuries sustained by the claimant.

(3.) THE learned Counsel for claimant -respondent No. 1 submitted that the finding of the Tribunal relating to negligence is based on material on record and there is no scope for interference with such finding in an appeal at the instance of the Insurance Company. He has also submitted that though the doctors have not been examined, the discharge certificate has been produced to show the nature of injuries. It was further submitted that the claim application was filed in the year 1988 and the appeal is pending since 1992 and at this stage if the matter is remanded for fresh disposal, the claimant would be further harassed. He, therefore, suggested that instead of remanding the matter, the present appeal may be disposed of finally in the spirit of Lok Adalat.