IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Appeal From Order No. 151 of 2008 Kishan Lal … Appellant Vs New India Insurance Company Ltd. & another … Respondents Smt. Seema Sirohi, learned counsel for the appellant Sri M.K. Goyal, learned counsel for the respondent No. 1 Hon’ble B.C. Kandpal, J. This appeal under Section 173 of the Motor Vehicle Act, 1988 has been filed by the appellant/claimant against the judgment and award dated 31.01.2008 passed by Motor Accident Claims Tribunal/Additional District Judge, Kashipur, District Udham Singh Nagar in Motor Accident Claim No. 305 of 2006, Kishan Lal Vs Salim Ahamad & another. 2. Brief facts of the case are that on 24.07.2006, the injured – Kishan Lal was coming from Thakurdwara, when he reached near Goshion Wali Masjid at about 06:30 p.m., a Tata-207 bearing registration No. UP21N/2225, which was being driven by its driver in a very rash and negligent manner, hit the injured resulting multiple injuries on his body. According to the claimant, he had spent about Rs. 1.00 lac on his medical treatment. It has also pleaded in the claim petition that he is unable to do his work properly as he sustained 40% disability in this accident. Therefore, he has filed claim petition before the Tribunal for a sum of Rs. 5,00,000/- as compensation. 3. The opposite party No. 1 – Salim Ahmad (owner of vehicle No. UP21N/2325) contested the claim petition by filing written statement before the Tribunal alleging therein that the 2 documents pertaining to the vehicle were valid and effective on the date of accident. The vehicle in question was insured with the New India Insurance Company Ltd. It has also pleaded that the amount of compensation claimed by the claimant is on the higher side. Therefore, the claim petition is liable to be dismissed on the above grounds. 4. The opposite party No. 2 – The New India Insurance Company Ltd. also contested the claim petition by filing written statement before the Tribunal on the ground that the accident was not took place by the vehicle in question. 5. On the basis of the pleadings of the parties, the Tribunal has framed relevant issues in the claim petition. Thereafter both the parties led evidence in support of their case. After hearing learned counsel for the parties and perusing the entire material available on record, the Tribunal decreed the claim petition for a sum of Rs. 36,636/- along with conditional interest @ 9% per annum vide judgment and award dated 31.01.2008. 6. As far as the factum of accident is concerned, the finding recorded by the Tribunal that the accident took place due to rash and negligent driving of Tata 207 No. UP21N/2225 is concerned, that appears to be completely justified and I am in total agreement with the findings recorded by the Tribunal in this regard. 7. Learned counsel for the appellant has pressed this appeal only on the point of quantum. Learned counsel for the appellant/claimant has submitted before the Court that the Tribunal has fell in error while calculating the amount of compensation. He has submitted that the monthly income of 3 the deceased was Rs. 6,000/- and he has permanently disabled upto 40% and he is unable to do his work properly. Therefore, the amount of compensation is liable to be enhanced. 8. Learned counsel for the respondent No. 1 /insurer of the vehicle has made a rival contention and has submitted that the Tribunal on the basis of the material available on record has rightly awarded the amount of compensation in this case. There is no need to interfere in the impugned judgment and award at this stage. 9. As the appeal has been preferred by the claimant/appellant for enhancement of the amount of compensation, therefore, the only point to be discussed in this appeal is as to whether the amount of compensation awarded by the Tribunal can be held to be justified or not. After hearing learned counsel for the parties, I have gone through the record. So far as the amount of compensation to be awarded in favour of the claimant is concerned, the Tribunal discussed this point while deciding issue No.3. From the evidence available on record, it reveals that according to the claimant he had spent about Rs. 1.00 lac on his medical treatment, but he has produced total receipt of medical expenses for a sum of Rs. 35,236/- before the court below. The Tribunal further considered this aspect of matter that the deceased had bedridden for a period of 14 days, therefore, the Tribunal considering Rs. 100/- daily wages awarded a sum of Rs. 1,400/- under this head. In this way, the Tribunal awarded a sum of Rs. 36,636/- (in total) in favour of the claimant/appellant. The amount awarded by the Tribunal is just and peroper. I do not find any ground to interfere in the impugned judgment and award. The Tribunal on the basis of 4 the material available on record has rightly awarded the amount of compensation. The appeal lacks merit and is liable to be dismissed. 11. Accordingly, the appeal is dismissed. No order as to costs. (B.C. Kandpal, J.) 12.06.2008 ASWAL