Lala Satya Narain Prasad vs Shri Laldeo Singh and Another

N. Pandey, J.—This appeal has been filed by the injured claimant against the award dated 21.7.1988 in Claim Case No. 1/82. By the impugned award, the owner of the vehicle (Respondent No. 1) has been directed to pay compensation of Rs. 20,500/- along with interest @ 6% per annum.

The learned tribunal has accepted the claim of the Appellant that he sustained injuries due to the accident which took place by the bus bearing registration No. BRF 4291 at Dhamdaha chowk. This 1 is also accepted that at the relevant time, the bus was insured with the Oriental Fire & General Insurance Company. But as per the finding of the learned Tribunal, it appears, at the relevant time the bus was being driven by an unauthorised person. Therefore, no amount of compensation has been awarded against the company.

Mr Rajendra Narain, learned Counsel for the Appellant submitted that it was proper for the learned Tribunal to direct the insurance company to produce the original policy to ascertain terms and conditions and liability etc. of the owner of the vehicle in case of such accident. He has further submitted that the amount of compensation which has been awarded against the owner of the vehicle is quite meagre. According to him, from a bare reference to the award, one can very well appreciate the depth of the injury and loss sustained by the Appellant on account of accident.

As I have already indicated that no material whatsoever was brought before the tribunal to show that the vehicle in question was being driven by a regular licence holder driver. On the other hand, the finding is that at the time of accident, the vehicle was being driven by an unauthorised driver. Therefore, in this background, there appears nothing wrong if the tribunal refused to award compensation against the company. So far as the enhancement of the amount of compensation against the owner of the vehicle is concerned, it has to be borne in mind that such amount was awarded as back as in the year 1988. Therefore, if the corresponding value of such amount is taken into consideration, at present, it would be difficult to say that the amount was meagre. But having regard to the harassment of the Appellant till this day, the amount of award has riot been paid to the claimant. I direct the Respondent No. 1 to make payment of the entire amount within two months from today along with interest @ 12% per annum from the date of filing of the claim petition.

With the aforesaid direction/observation, this appeal is disposed of.