LAWS(CHH)-2011-4-31

MUKESH YADAV Vs. ASHOK

Decided On April 13, 2011
MUKESH YADAV Appellant
V/S
ASHOK Respondents

JUDGEMENT

(1.) Appellant/claimant Mukesh Yadav is seeking enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Rajnandgaon (for short the 'Tribunal') vide award dated 19th March, 2007, passed in Claim Case No. 128 of 2005. As against the compensation of Rs. 3,16,000/- claimed by the appellant/claimant by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 15th April, 2005, the Tribunal awarded a total sum of Rs. 1,78,000/- as compensation alongwith interest @ 6% per annum for the date of filing of the claim petition till the date of actual payment.

(2.) Shri Rakesh Sahu, learned Counsel appearing for the appellant vehemently argued that the Tribunal has erred in awarding low compensation of Rs. 1,78,000/- only though the appellant/claimant sustained serious injuries including fractures in the motor accident resulting in permanent disability.

(3.) On the other hand, Shri Raj Awasthy, learned Counsel appearing for respondent No. 3 The New India Insurance Company Limited, contended that the Tribunal has awarded excessive sum of Rs. 1,78,000/-as compensation to the claimant.