BHARTI AXA GENERAL INSURANCE CO. LTD v. MOHIT KUMAR

1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.87,696/- has been awarded to respondent No.1 in respect of the injuries suffered by him in the accident dated 01st April,

2014.

2. On 01st April, 2014, Shiva, Jitender and Mohit were going on a motorcycle bearing no.UP-13P-1130 and when they reached in front of Babu Mudhi, Kashba Police Station, Aurangabad, District Bulandshahar, U.P., they were hit by a bus bearing no.UP-13D-0786 which came from the 2018:DHC:3188 wrong side. The accident resulted in death of Shiva and Jitender whereas Mohit suffered injuries.

3. Mohit, Respondent No.1, suffered fracture of zygomatic bone, anterior and posterior wall of left maxillary sinus, post wall of right maxillary sinus, lateral wall of IT orbit, B/I lamina paprace petrygoid plates on left side, b/l nasal bone fracture, hemosinus in b/l maxillary and athmoid sinus coupled with minor head injury. On 02nd April, 2014, Mohit was admitted to the hospital for open reduction and internal fixation of nasal bone fracture with five hole 1.[5] mm plate and two screws (1.[5] x 4mm) and 2 screws (1.[5] x 6 mm) through linch incision, left zygomatic maxillary buttress with five hole 1.[5] mm plate and four screws (1.[5] x 6mm) through intra oral approach, right zygomatic maxillary buttress, five hole 1.[5] mm plate and four screws (1.[5] x 6mm) through intra oral approach, right naxo maxillary buttress done with five hole 1.[5] mm plate and four screws (1.[5] x 6mm) through intra oral approach. IMF with tie wires was also done. He remained hospitalized till 10th April, 2014.

4. The Claims Tribunal awarded Rs.55,000/- towards pain and suffering, Rs.2,196/- towards medical bills, Rs.10,500/- towards attendant charges and Rs.20,000/- towards special diet and conveyance. The total compensation awarded is Rs.87,696/-.

5. Learned counsel for the appellant submits that the appellant is claiming recovery rights against the owner of the offending vehicle on the ground that the cheque issued by the insured towards the insurance premium was dishonoured and the policy was cancelled. The appellant is seeking permission to lead additional evidence to prove the dishonour of the cheque and cancellation of policy.

6. Learned counsel for respondent No.1 submits that the compensation awarded to respondent No.1 is just, fair and reasonable and should be upheld.

7. Learned counsel for respondents No.2 and 3 submit that the appellant has not led any evidence with respect to their claim of recovery rights.

8. Respondent No.1 is present in Court and his condition is seen. This Court is satisfied that the compensation awarded to respondent No.1 is just, fair and reasonable. The amount awarded by the Claims Tribunal to respondent No.1 is upheld. However, the appellant’s claim for recovery rights against the owner of the offending vehicle is remanded back to the Claims Tribunal. The appellant is permitted to lead additional evidence before the Claims Tribunal on the issue of recovery rights. The Claims Tribunal shall thereafter afford an opportunity to respondents No.2 and 3 to lead evidence in rebuttal. The Claims Tribunal shall adjudicate the appellant’s claim for recovery right after recording the additional evidence.

9. The appellant has deposited Rs.1,11,006/- with the Registrar General of this Court. The Registrar General is directed to release the aforesaid amount to respondent No.1 by transferring the same to his savings bank account No.208610100059632 with Andhra Bank, Mayur Vihar Phase III Branch, IFSC: ANDB0002086.

10. The appellant and respondents No.2 and 3 shall appear before the Claims Tribunal on 10th July, 2018.

11. The appeal is disposed of on the above terms. Pending applications are disposed of.

12. The statutory amount be refunded back to the appellant.

13. The record of the Claims Tribunal be returned back forthwith.

14. Copy of this judgement be given dasti to learned counsels for the parties under signature of Court Master. MAY 14, 2018 J.R.MIDHA, J. rsk/dk