SANDEEP KHANUJA Vs. ATUL DANDE & ANR.

JUDGEMENT

(1.) Leave granted.

(2.) In a motor accident, the appellant herein suffered physical injuries. It happened on July 08, 2006 when the appellant was going on a scooter to Gram Pendri in the State of Chhattisgarh. When he reached near Gram Pendri, a Hyundai Getz car bearing Registration No. MH 12 CR 6917, driven by respondent No.1, hit the scooter, as a result of which the appellant fell down and sustained fractures on both the legs, thereby suffering permanent disability to some extent. He filed claim for compensation against the respondents before the Motor Accidents Claims Tribunal (MACT), Rajnandgaon, Chhattisgarh. The MACT, vide award dated May 05, 2009, granted him compensation in the sum of 5,35,227, under the following heads:

(3.) Not satisfied with the quantum of compensation, the appellant approached the High Court by way of appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, the 'Act'). The High Court has, vide impugned judgment, enhanced the compensation to 6,35,000. The High Court has not awarded compensation under different heads but has deemed it proper to award lump sum compensation in the aforesaid amount. Relevant discussion in this behalf can be traced to paras 8 and 9 of the impugned judgment, which reads as under: