Radhey Shyam Pal v. Vijay Kumar Tiwari and Another

Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 1535 of 2006 Appellant :- Radhey Shyam Pal Respondent :- Vijay Kumar Tiwari And Another Counsel for Appellant :- Ram Singh Counsel for Respondent :- Radhey Shyam Hon'ble Saral Srivastava,J.

¶1Heard learned counsel for the appellant and learned counsel for the respondents.

¶2The present appeal has been filed by the claimant-appellant for enhancement of award.

¶3It is submitted that a meagre amount of Rs.30,000/- has been awarded by the tribunal for the injuries suffered by the claimant-appellant. It is further submitted that if the claimant-appellant is paid Rs.25,000/- in lump sum in addition to the amount which has already been awarded by the tribunal, the claim of the claimant-appellant shall stand satisfied and the claimant-appellant shall not lay any further claim. It is further submitted that no amount towards pain and suffering has been awarded by the tribunal.

¶4Learned counsel for the respondents submits that compensation awarded by the Tribunal is just and proper.

¶5Considering the fact that claimant/appellant has suffered injuries in the accident with offending bus for which inadequate compensation has been awarded by the Tribunal, therefore, in view of the said fact, this Court finds submission of learned counsel for the claimant/appellant reasonable and accordingly, awards Rs.25,000/- in lump-sum to the claimant/appellant in addition to what has been awarded by the Tribunal. The insurance company is directed to pay the aforesaid amount within a period of three months from the date of production of certified copy of this order. If the aforesaid amount is not paid within the aforesaid period, the claimant/appellant shall be entitled to simple interest @ 6% per annum from the date of institution of claim petition till the date of its payment.

¶6Accordingly, the appeal is disposed off. Order Date :- 16.10.2023 SS High Court of Judicature at Allahabad