Kaushal Jayendra Thaker, J. - (1.) This appeal is listed before the undersigned by the orders of the Hon'ble the Chief Justice.
(2.) I have heard Sri J.K. Khanna, who is party in person for the appellant, who is original claimant and Sri Sudhanshu Behari Lal Gour, learned counsel for the Insurance Company. None appears for the owner. The claimant had sustained injuries while he was pillion rider on the scooty, on 15.11.2014 at 8.15 p.m., accident occurred at Krishi Vihar Bus Stand red light crossing within P.S. Greater Kailash-I, New Delhi. He preferred a claim petition being Claim Petition No.341 of 2015 before the Motor Accident Claims Tribunal, Allahabad. The Motor Accident Claims Tribunal awarded a sum of Rs.33,220/- with 7% simple interest from the date of institution of the claim petition. The claimant has preferred this appeal claiming enhancement, as according to him, he had claimed Rs.13,98,000/-. The appellant is a practising Advocate in the High Court of Judicature at Allahabad. The Insurance Company and the owner have accepted the decision of the Tribunal. The accident having taken place is not in dispute. The finding of negligence has attained finality now. The insurance being in vogue and there being no breach of the insurance policy, those issues are concluded in favour of the appellant and, hence, they are not discussed at length. The only issue which has to be decided is the justness of compensation and whether the same requires to be interfered with. My finding on the same issue is positive with 9% interest as the amount awarded by the Tribunal is not just compensation.
(3.) This Court on 7.2.2019 and 20.2.2019 has passed the following orders: JUDGEMENT_172_LAWS(ALL)2_2019_1.html ;