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2025 DAILYLAW 11528 (ALL)

ARUN CHAUDHARY v. RAJESH MALIK AND OTHERS

FAFO/2051/2011 · 2025-05-16

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82754 Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 2051 of 2011 Appellant :- Arun Chaudhary Respondent :- Rajesh Malik And Others Counsel for Appellant :- Anju Shukla,Nigamendra Shukla Counsel for Respondent :- Komal Mehrotra,Sushil Kumar Mehrotra Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the appellant, Sri S.K. Mehrotra, learned counsel for respondent no.2 and Sri Achintya Kumar, Advocate, bearing Advocate Roll No.A/A 0789/2021 holding brief of Sri Komal Mehrotra, learned counsel for respondent no.5. 2. The present appeal has been filed by the claimant/appellant for enhancement of award 22.02.2011 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.6, Bulandshahr in MA.C.P. No. 376 of 2006. 3. Learned counsel for the appellant fairly submits that if the claimant/appellant is awarded Rs.25,000/- more than what has been awarded by the Tribunal, his claim shall remain satisfied. 4. The submission advanced by the learned counsel for the claimant/appellant appears to be reasonable for the reason that the Tribunal has awarded meager amount towards pain and suffering and special diet. 5. Considering the fact that fair submission has been made by the learned counsel for the claimant/appellant for awarding of Rs.25,000/- in addition to what has been awarded by the Tribunal, therefore, the respondent no.2-Insurance Company is directed to pay the enhanced amount of compensation of Rs.25,000/- to the claimant/appellant within a period of three months from the date of production of certified copy of this order. 6. It is also provided that enhanced amount of compensation shall carry 6% simple interest from the date of institution of claim petition till its payment. 7. For the reasons given above, the appeal is partly allowed and award of the Tribunal is modified to the extent as indicated above. Order Date :- 17.5.2025 NS Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad