HARISH CHANDER Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) APPELLANT filed a claim petition under section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) before the Motor Accident Claims Tribunal, Jammu (hereinafter referred to as the Tribunal) on the ground that he sustained multiple injuries on 15.08.1998 because of rash and negligent driving of the driver of vehicle JK02J -4052.

(2.) LEARNED Tribunal after recording evidence of the parties, awarded a sum of Rs.2.05 lac as compensation alongwith interest @ 12% per annum from the date of filing of the claim petition till payment is made by the insurer. The claimant has filed the present appeal for enhancement of compensation.

(3.) MR . Sunil Malhotra, learned counsel appearing for the Insurance Company raised preliminary objection that this appeal is not maintainable. He submitted that the Insurance Company filed appeal bearing No.CIMA No.29/2001 in which the appellant -Harish Chander also appeared and contested the appeal filed by the Insurance Company. In that case, this court vide order dated 05.03.2001 modified the award by observing that there is a clerical error because the Tribunal has awarded Rs.5,000/ - for future medical expense which has not been added to the gross amount. So the respondents will be entitled to Rs.2.10 lac instead of Rs.2.05 lac, but no interest will be payable on Rs.5000/ -. It was also ordered that in case the awarded amount is not paid within two months, interest will be at the rate of 12% p.a. from the date of the award. He further submitted that when appellant has contested the appeal filed by the insurance company and award has been modified on the plea raised by the respondents then appellant has no right to assail the findings of the learned Tribunal that the compensation awarded is inadequate.