ORIENTAL INSURANCE COMPANY LIMITED Vs. LEELAWATI

JUDGEMENT

(1.) This order will dispose of FAO Nos. 5261 and 5340 of 2019 as these have emerged out of the same award dated 9.4.2019 passed by the Motor Accidents Claims Tribunal, Palwal (in short "the Tribunal") whereby compensation has been assessed on account of injuries sustained by Leelawati and Ganga Ram in a motor vehicular accident that took place on 27.9.2016 at about 4.30 p.m. in the area of Palwal. For facility of reference, facts are taken from FAO No. 5261 of 2019.

(2.) Counsel for the appellant would inform that appeal has been filed to assail findings of the Tribunal on issue No. 1 and quantum of compensation. It is argued that in respect of occurrence dated 27.9.2016, FIR was registered on 6.10.2016 without any tangible explanation for delay. Ganga Ram, injured and author of FIR had admitted in his cross examination that he was not medico legally examined or attended by any doctor on 27.9.2016. Ganga Ram in his cross examination had stated that he knew number of the vehicle as 0501 disclosed to him by Mahender son of Dharam Singh but his examination in chief as well as FIR make reference to complete particulars of the offending vehicle. Mahender son of Dharam Singh was cited as a prosecution witness in the criminal case lodged against Hukam Singh but he failed to support cause of the prosecution and commit to his statement recorded under Section 161 Cr.P.C. Hukam Singh, driver of offending vehicle was examined and his testimony is sufficient to rebut/counter case of the claimants and testimonies of Leetawati and Ganga Ram.

(3.) With regard to quantum of compensation, it is argued that Tribunal has awarded Rs. 86,000/- in respect of disability to the extent of 43% to a particular limb. The doctor, examined to prove disability had stated in his cross examination that difficulty in squatting and sitting cross legs, mentioned in Ex. P6, could also be due to age factor of Leelawati being 77 years old.