BASAVARAJ Vs. SHEKHAR

JUDGEMENT

(1.) This appeal arising under S.110-D of the Motor Vehicle Act, is by consent of learned counsel on both sides taken up for final hearing and disposed of by this judgement.

(2.) The appeal is directed against the award dt. 26-12-1984 made by the Motor Accidents Claims Tribunal, Gulbarga in M.V.C. No. 86 of 1983 on its file. The Tribunal awarded to the claimant-appellant a sum of Rs. 6000/- as compensation for the injuries the claimant sustained at a mishap in which he was involved on the 24th April, 1983 at a place called Kembhavi, some distance from the city of Gulbarga. The appellant feels aggrieved by this award under appeal, complains of its stymied nature and seeks enhancement.

(3.) Having heard learned counsel on either side, we feel that the award in question suffers from extreme conservatism not justified in the facts and circumstances, besides it also appears to have been arrived without conforming to well settled parameters to which this court has on a number of occasions called attention to. It is a matter of some regret that despite the consistent endeavours made by this court in directing these Claims Tribunals to adopt appropriate norms evolved, more or less on a scientific basis, there still appears to be a discernible disinclination to follow such well tracked moorings in preference to producing awards dependent largely on wayward institution and hazardous guess-work.