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Judgment
Gautam Kumar Choudhary, J
Heard, learned counsel for the parties.
The appellant- Insurance Company is in appeal against the judgment and Award of compensation dated 28.02.2022 passed by learned District Judge-III-cum- P.O., Motor Accident Claims Tribunal, West Singhbhum at Chaibsa in Motor Accident Claims Case No.45 of 2018, whereby and whereunder a compensation of Rs.13,66,302/- has been awarded along with interest @ 6% per annum from the date of filing of the claim application till date of payment and the liability has been fixed to pay the compensation amount on the appellant- Insurance Company.
The finding of fact regarding the factum of accident and insurance of the vehicle is not under-challenge in the instant Misc. Appeal.
The main grounds of appeal are on two folds :- firstly it is contended that the offending vehicle was a transport vehicle i.e. Pick-up Camper Bolero used for commercial purpose and no permit was produced, therefore, it amounted to breach of policy in terms of Section 149 (2) of the M. V. Act. Secondly, it is argued that while awarding compensation, the medical Bills have not been properly proved and compensation has been awarded under the head of Loss of Marital bliss and Mental agony and Physical pain also.
Learned counsel for the claimants has defended the impugned order/ judgment. It is argued, and rightly so, that hyper technical pleas of proof are being raised in an accident claim case, which is essentially a beneficial piece of legislation where rules of evidence do not apply in their absolute rigidity.
For better appreciation of the award of compensation it is extracted below :-
Srl. Number
Heads
Amount in Rupees
1.
Loss of earnings
Not pleaded
2.
Medical Bills
Rs.11,56,302/-
3.
Room Rent at Kolkata
Rs.10,000/-
4.
Ambulance & Train Fare
Rs.50,000/-
5.
Mental agony & Physical pain
Rs.1,00,000/-
6.
Loss of Marital bliss
Rs.50,000/-
Total
Rs.13,66,302/-
From the documents adduced into evidence on behalf of the claimants, it is apparent that the deceased sustained motor vehicle accident involving Pick Up van having Registration No.JH 06D – 5953 and as per Ext.1, Sonua P.S. Case No.48 /2017 was registered.
The claimant/ injured was admitted after accident in Tata Main Hospital as per Ext.4 and remained hospitalized for two months. He had sustained head injury and was referred for treatment to Appollo Hospital, Kolkata where his brain surgery was done. The documents regarding which have been marked as Ext.5 to 5/26 and Ext. 6 to 6/17.
These documents leave no doubt regarding the nature of injury and prolonged treatment.
So far as the plea of breach of terms of the insurance policy is concerned, learned Tribunal has discussed at length in Para-38 of the impugned judgment that the copy of the registration certificate of the offending vehicle was adduced into evidence and marked as exhibit without any objection. According to which, the net weight of the vehicle was 2735 Kg. for which a permit was not required in terms of Section 66(3)(1) of the M.V. Act.
On these material evidence, I do not find any infirmity in the impugned judgment of Award of compensation, as such, the instant Misc. Appeal stands dismissed with cost. Pending I.A., if any, also stands disposed of.
The statutory amount deposited at the time of preferring the instant Misc. Appeal shall be remitted to the concerned Tribunal so as to be disbursed/ adjusted in the final compensation amount.