National Insurance Company Limited vs Mohd. Aslam & Others

Lok Pal Singh, J

This Appeal from Order under section 173 of Motor Vehicle Act, 1988 is directed against the judgment/ award dated 24.09.2011 passed by Motor Accident Claims Tribunal / Second Fast Track Court, Nainital in Motor Accident Claim Case No. 21 of 2006, Mohd. Aslam v. Mr. Prathavi Singh Yadav and others, whereby the learned Tribunal has awarded a sum of Rs. 55,275/- against National Insurance Company Ltd. along with 7 per cent interest payable to the claimant from the date of institution of claim till the date of actual payment.

Brief facts of the case are that Mohd. Aslam alongwith his cousin Mohd. Mujammil were coming to Nainital from Haldwani on 26.05.2005 in a Motorcycle bearing registration no. U.P.-02C-4761. At about 03:00 p.m., near H.M.T. factory, Ranibagh, a Qualis bearing No. HR-55C-3276 coming from Nainital to Haldwani, which was driven by its driver rashly and negligently, hit the motorcycle of the claimant, due to which claimant got injured and suffered fracture on his left leg and hand. Thereafter, claimant was admitted in Sushila Tewari Forest Hospital from where he was referred to Dr. Prashant Orthopedic Center Kashipur and a sum of Rs. 2,50,000/- was incurred in the treatment of claimant so far. It is alleged that the accident took place due to rash and negligent driving on the part of the driver of the Qualis. He filed a claim petition claiming compensation to the tune of Rs. 4,00,000/- along with interest against the offending vehicle, which was insured with the appellant/Insurance Company.

On the basis of the pleadings of the parties, learned tribunal framed the necessary issues. The learned Tribunal, after recording evidence of the parties, awarded compensation of Rs. 55,275/- in favour of the claimant and directed the appellant to pay the compensation.

Short question involved in this appeal is as to whether the Tribunal has committed an illegality in awarding Rs. 55,275/- towards the medical expenses to the claimant.

Having heard learned counsel for the parties and after perusal of the lower Court's record, this Court is of the opinion that there is no challenge to the averments that the claimant sustained serious injuries and his left leg and hand got fractured and he remained hospitalized for some time and spent a huge amount of Rs. 2,50,000/- towards his treatment.

Learned Tribunal having considered the bills produced by the claimant towards medical expenses has awarded Rs. 55,275/- along with 7 per cent interest from the date of institution of claim till the date of actual payment.

In view of the above discussion, I do not find any illegality, perversity or jurisdictional error in the impugned award.

The Appeal from Order is devoid of merit and the same is dismissed. No order as to costs. Lower Court Record be sent back.

The statutory amount deposited by the appellant before this Court be remitted to the Tribunal concerned.