Krishna Kumar Tiwari v. Sarvesh Kumar Tripathi and Another

Order on Appeal:-

¶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.1,52,000/- 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.95,000/- 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.

¶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 Truck 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.95,000/- 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 :- 27.10.2023 SS High Court of Judicature at Allahabad

Court No. - 2 Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 981 of 2009 Appellant :- Krishna Kumar Tiwari Respondent :- Sarvesh Kumar Tripathi And Another Counsel for Appellant :- Mohd Naushad Siddiqui,Vidya Kant Shukla Counsel for Respondent :- Shashi Kumar Verma,Vipul Kumar Hon'ble Saral Srivastava,J. Delay Condanation Application:- Heard learned counsel for the appellant and learned counsel for the respondents. The appeal is reported to be beyond time by 57 days. The appellant has properly explained the delay in filing the appeal and delay in filing the appeal is bona fide. Consequently, the delay in filing the appeal is condoned and the appeal shall be treated to have been filed in time. The Delay Condonation Application is allowed.