NATWAR LAL Vs. NOKARAO

JUDGEMENT

(1.) APELLANT/ claimantis seeking enhancement of the compensation awarded by the Third Additional Motor Accident Claims Tribunal, Jagdalpur (for short 'the Tribunal') vide award dated 12.05.2006, passed in Claim Case No.114/2004.

(2.) AS against the compensation of Rs.9,98,000/- 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 06.12.2003, the Tribunal awarded a total sum of Rs.3,52,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

(3.) CLAIMANTWAS aged about 54-55 years on the date of the accident. He was dealing in Cement Business. The unfortunate accident wherein the claimant claims to have sustained injuries and fractures took place in the year 2003. The total income of the claimant in the assessment year 2003-2004 i.e. relevant for the year of the accident was only Rs.97,340/-, whereas his income shown in the assessment year 2005-2006 i.e. after one year of the accident was Rs.1,02,175/-. Thus, it is apparent that the injuries and fractures sustained by the claimant in the motor accident have not adversely affected the future earning capacity of the claimant at all. The bills and vouchers produced by the claimant before the Tribunal in regard to medical expenses were to the extent of Rs.1,67,712/- and the Tribunal has awarded a total sum of Rs.1,77,352/- towards medical expenses; pain and suffering; and conveyance.