Shiv Sahay v. Ram Avtar Singh & Ors.

1. The appellant had instituted accident claim case (MACT No.285/2008) on 02.04.2007 seeking compensation on the averments that on 02.04.2006 he had suffered injuries on being hit by Qualis car bearing registration No.HR-55BT-9526, driven in a negligent manner by the first respondent, it being a vehicle registered in the name of second respondent and admittedly insured against third party risk for the period in question with the third respondent (insurer).

2. The tribunal held inquiry and, by judgment dated 08.09.2010, upheld the said claim and awarded compensation in the total sum of Rs.1,66,000/-, directing the insurer to pay with interest @9% per annum, the said amount having been calculated thus:- 2017:DHC:5908

┌─────────────────────────────────────────────────────────────────────────────────┐
│  Sl. No.                        Head                      Amount (in Rs.)       │
├─────────────────────────────────────────────────────────────────────────────────┤
│      1.        Medical and treatment                                10,000/-    │
│      2.        Loss of income                                       29,600/-    │
│      3.        Loss of earning power                                71,040/-    │
│      4.        Loss of amenities                                      5,000/-   │
│      5.        Pain and suffering                                   35,000/-    │
│      6.        Conveyance /special diet & attendant                 15,000/-    │
│                charges                                                          │
│                                     Total compensation           1,65,640/-     │
│                                                              Rounded off to     │
│                                                               Rs.1,66,000/-     │
│ 3.        It is noted that the claimant had suffered fracture of the shaft of   │
└─────────────────────────────────────────────────────────────────────────────────┘

7. The parties are directed to appear before the tribunal for further proceedings on 30.10.2017.

8. Since the claimant/appellant has not appeared before the court at the final hearing, it will be proper that the tribunal issues a court notice to him to secure his presence for above said purposes. Needless to add, the amount already received in terms of the earlier judgment of the tribunal shall be liable to be adjusted.

9. The appeal is disposed of in above terms. R.K.GAUBA, J. SEPTEMBER 27, 2017 vk