SBCMA No.14/2008
Naina RamVs. Udai Singh & Ors.
1
SBCMA No.14/2008
Naina RamVs. Udai Singh & Ors.
DATE OF ORDER : - 18.9.2008
HON'BLE MR. PRAKASH TATIA, J.
Mr.LK Purohit, for the petitioner.
Mr.Sunil A Vyas ]
Mr.Sandeep Saruparia ], for the respondents.
Heard learned counsel for the parties.
The appellant’s grievance is only that the Motor
Accident Claims Tribunal in award dated 27th Sept., 2007
has not looked into the injury report submitted by the
claimant alongwith the claim petition evidencing that
appellant victim remained in hospital in unconscious
condition from 21.8.2003 to 9.9.2003. The appellant
produced the discharged ticket issued by Neurosurgery Unit
of Mathurdas Mathur Hospital, which is the unit of the
Medical College, Jodhpur.
Learned counsel for the respondent submitted that
said doctors opinion was not accepted by the tribunal in
view of the fact that said document was not exhibited by
SBCMA No.14/2008
Naina RamVs. Udai Singh & Ors.
2
the claimant.
I considered the submissions of learned counsel for
the parties and perused the record.
It appears that bulky record obtained by the claimant
from the proceedings under the criminal case have been
submitted before the tribunal and out of which some of the
documents remained un-exhibited. Looking to the nature of
the document, its truthfulness cannot be denied. Claimant
came with the positive case that he suffered injury on the
head and he remained unconscious and this fact has been
proved by evidence. Therefore, the tribunal should have
awarded compensation to the claimant-appellant of his
remaining in hospital from 21.8.2003 to 9.9.2003. Looking
to the age of the victim, he has not suffered any loss of
income as he was of the age of 11 years only. Therefore, a
lump sum amount of Rs.11,000/- is awarded to the
claimant for his suffering in the accident and for remaining
hospitalized for the period from 21.8.2003 to 9.9.2003.
Therefore, the claim amount is enhanced by Rs.11,000/-.
The claimant shall be entitled to interest @ 7.5% as
SBCMA No.14/2008
Naina RamVs. Udai Singh & Ors.
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awarded by the tribunal and it shall carry from 3.1.2004,
the date from which the tribunal has awarded the interest
on other counts.
Accordingly, the appeal of the appellant is allowed.
(PRAKASH TATIA), J.
c.p.goyal/-
