High CourtsSingle Bench(2018) 02 CHH CK 0442

Ramkhilawan Shukla vs Adhunik Transport Organization Ltd. And Ors

Chhattisgarh High Court · Decided on 28 February 2018

HON’BLE JUDGES
P. Sam Koshy, J
RESULT
Dismissed
CASE NUMBER
Miscellaneous Appeal (C) No. 492 Of 2012

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Judgment

11 paragraphs · 199 words

P. Sam Koshy, J

1.

The present appeal under Section 173 of the Motor Vehicles Act has been filed by the claimant seeking enhancement of compensation against the

award dated 06.02.2009 passed by the 14th Additional Motor Accident Claims Tribunal (FTC) Raipur (in short, the Tribunal) in Claim Case

No.19/2008. Vide the said impugned award, the Tribunal on an application under Section 163-A of the Motor Vehicles Act has awarded a

compensation of Rs.2,82,000/- along with interest @ 6 percent per annum from the date of application.

2.

While passing the impugned award, the Tribunal has exonerated the insurance company of its liability and has fastened the same upon the

respondent No.1-owner of the vehicle involved in the accident.

3.

Since the claim application decided by the Tribunal was one under Section 163-A of the Motor Vehicles Act in which the award has to be

calculated in accordance with Schedule-II of the Motor Vehicles Act and the calculation having been made as per the schedule of the Motor Vehicles

Act, this court is of the opinion that no strong case is made out by the appellant seeking for enhancement of compensation.

4.

Accordingly, the appeal fails and stands dismissed.