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RAJENDRA PRASAD versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Rajendra Prasad v. State Of U.P. & Others - FIRST APPEAL FROM ORDER No. 345 of 1997 [2007] RD-AH 7537 (24 April 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.20

F.A.F.O. No.345 of 1997

Rajendra Prasad ...............Appellant

Versus

State of U.P. & Others.....Respondents

Hon'ble Rakesh Sharma, J.

Heard learned counsel for the parties and perused the record.

Under challenge is the award of Motor Vehicle Accident Claims Tribunal, Mirzapur given on 26.2.1997 allowing Rs.15,000/- as compensation to the appellant. The accident had occurred by a Govt. jeep No.UGI 595 driven by one Raj Kumar.

It emerges from record that the Govt. jeep had hit the barriers near Windham Fall in District-Mirzapur. The logs fixed in the barrier hit the appellant who suffered injury. While deciding the claim petition, three issues were framed. All the  three issues were decided against respondent-State Govt. As far as quantum of punishment is concerned, the tribunal had awarded Rs.15,000/- as compensation in favour of the claimant.

The claimant has produced vouchers and lodged the claim for Rupees two lakhs incurring expenses for treatment etc. The vouchers etc. remained unproved before the tribunal. There was no medical evidence duly proved to demonstrate that the petitioner had suffered a permanent injury making him physically incapacitated and infirm in discharging his day to day work. At the time of accident he was aged about 33 years' old and the wounds had healed up. As far as the accident causing other physical defects like short of hearing, poor visibility etc. are concerned, there is nothing on record like medical evidence  to prove that the claimant had, in fact, suffered that serious kind of injury which has impaired the vision and he became short of hearing. No specialist's reports were filed before the court. On the basis of the materials available on record, the tribunal had awarded Rs.15,000/- as compensation for treatment etc. to the appellant. It is important to note that the accident had taken place on 5th September, 1987 i.e. about 20 years ago and that time Rs.15,000/- appears to have been adequate considering the physical injury caused to the claimant in the road accident.

I, therefore, find no illegality or infirmity in the judgement and order passed by the tribunal.

The appeal is accordingly dismissed.

Dt.24.4.2007

RKM/


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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