UNITED INDIA INSURANCE COMPANY LIMITED Vs. CHHAJURAM

JUDGEMENT

(1.) THE United India Insurance Company Ltd. has challenged the award dated 9.10.2013 passed by the Motor Accident Claims Tribunal, Behrod District Alwar, whereby the learned Tribunal has granted a compensation of Rs.9,00,000/ - to the claimant -respondent, Chhajuram, for the injuries suffered by him in a vehicular accident.

(2.) THE brief facts of he case are that on 20.11.2005 around 1:00 P.M. Chhajuram and his brother -in -law were going on a cycle from Sundrawali to Nagar. While they were near a place called Dalama Baba, very close to Nagar, a tractor being driven rashly and negligently came to the wrong side of the road, and collided with the claimant and his brother -in -law. Consequently, the claimant suffered grievous injuries. Therefore, he filed a claim petition before the learned Tribunal. Initially the learned Tribunal granted a compensation of Rs.3,53,500/ - vide award dated 20.11.2010. Since the claimant was aggrieved by the said award, he challenged the same before this Court by filing an Appeal, namely S.B. Civil Misc. Appeal No.2827/2011. By order dated 25.9.2012 this Court remanded the case back to the learned Tribunal and directed the learned Tribunal to decide afresh on issue No.2. Thus the claimant went back to the learned Tribunal. By award dated 9.10.2013, while deciding issue No.2, the learned Tribunal has enhanced the compensation amount from Rs.3,53,500/ - to Rs.9,00,000/ -. Hence this appeal by the Insurance Company before this Court.

(3.) ON the other hand Mr. Ram Singh Rathore, the learned counsel for the claimant, who has appeared as Caveator, has contended that in the first award dated 20.11.2010 the learned Tribunal had not granted any compensation for the non -pecuniary category. Therefore, in the present award dated 9.10.2013 the learned Tribunal has granted a compensation of Rs.6,00,000/ - for the non -pecuniary category. While doing so, the learned Tribunal has relied upon the case of Govind Yadav v. New India Assurance Co. Ltd. [2012 ACJ (SC) 28]. Thus, according to the learned counsel, the learned Tribunal has given cogent reasons for granting Rs.6,00,000/ - for non -pecuniary category. Secondly, considering the fact that in the case of Govind Yadav (supra) the Hon'ble Supreme Court in similar circumstances had taken the permanent disability to be 70%, therefore, the learned Tribunal was equally justified in taking the permanent disability of the claimant as 70%. Hence the learned counsel has supported the impugned award.