ASHWANI KUMAR MISHRA Vs. P MUNIAM BABU

JUDGEMENT

(1.) Leave granted.

(2.) Notice was issued to the respondent to show cause why the compensation amount in favour of the appellant be not further enhanced. Respondent No. 3-New India Insurance Company has filed the counter-affidavit submitting therein that there is no documentary evidence to show that the appellant was at all employed anywhere at the time of the accident and in the absence of proof regarding his income, the amount of compensation cannot be enhanced. It is sub-mitted that as the appellant had claimed Rs. 2,90,919.15 and was awarded Rs. 2,25,000/- with interest, there is no justification for him to claim enhancement of the compensation amount.

(3.) The facts giving rise to the filing of the present appeal are that the appellant who was 23 years of age had met with an accident and received severe injuries causing damages to his spinal cord. He remained under treatment for about 90 days and became permanently disabled. He had preferred a claim for Rs. 63,00,919.15 from the owner, driver and the insurer of the vehicle for injuries suffered by him in the motor accident. The Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal') after appreciating the evidence led in the case held that the appellant was travelling as an agent of the construction firm when he met with the accident and awarded him a compensation of Rs. 1,64,037/- with interest at the rate of 10 per cent per annum. Both the appellant and the Insurance Company preferred appeals before the High Court which were disposed (of) by the impugned judgment holding the appellant entitled to Rs. 2,25,000/- as compensation payable with interest at the rate of 12 per cent per annum instead of 10 per cent as awarded by the Tribunal.