PAVAN KUAMR NIRALA Vs. SHIVSHANKAR SINGH

JUDGEMENT

(1.) APPELLANT claimant Pavan Kumar Nirala is seeking enhancement of the compensation awarded by the 11th Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 27.09.2008, passed in Claim case No 28/2007.

(2.) AS against the compensation of Rs.18,95, 980/ - claimed by the appellant/claimant by filling a claim petition under section 166 of the Motor Vehicles Act for the injuries sustained by him in the motor accident on 18.11.2003, the Tribunal awarded a total sum of Rs.35,500/ - as compensation along with interest @ 6% per annum for the dated of filling of the claim petition till the dated of actual payment.

(3.) THE Tribunal considering the number and nature of the injuries proved to have been sustained by the claimed in the motor accident and the amount proved to have been spent on treatment the total compensation at Rs.71,000/ - inclusive of Rs.6,000/ - towards medical expenses. As the claimant himself was found responsible for the accident to the extent of 50%, the tribunal directed the insurer of the other vehicle Maruti Van to pay 50% of Rs. 71,000/ - i.e. Rs.35,500/ - to the claimed as compensation for the injuries sustained by him in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.35,000/ - @ 6% per annum from the date of the claim petition till the date of actual payment.