KARTIK RAM Vs. MAIKOO PRASAD YADAW

JUDGEMENT

(1.) Inadequacy of the compensation awarded by the Tribunal in respect of the serious injuries sustained by the minor Claimant in a road traffic accident is the subject matter of consideration in this appeal preferred by him through his father and natural guardian.

(2.) On the ill fated day i.e. 26.12.2012, the Appellant was returning home alongwith his uncle and when he reached the place of accident, he was knocked down by the offending Truck bearing registration No. MP 18 GA 1608) driven by the 1st Respondent, owned by the 2nd Respondent and insured by the 3rd Respondent. Because of the serious injuries, the Appellant had to undergo treatment for about 45 days in the hospital as an in-patient from 26.12.2012 to 09.02.2013. Because of the seriousness of the injuries, all the five fingers of the left foot had to be amputated in order to avoid more serious consequence. After undergoing serious ordeal suffering much pain and hardships, the wrong committed to the Injured was sought to be compensated by filing a claim petition before the Tribunal.

(3.) The claim was sought to be resisted mainly on quantum and negligence. Existence of a valid insurance policy was not disputed by the 3rd Respondent and no violation of any statutory/policy conditions was pointed out. On conclusion of the trial, the Tribunal awarded a sum of Rs. 2,38,467/- towards the 'medical expenses' and a sum of Rs. 3000/- towards the 'travelling expenses', while compensation was ordered to be paid to an extent of Rs. 10,000/- towards the 'nutritious diet' and another Rs. 10,000/- towards the 'pain and suffering'; besides a paltry sum of Rs. 30,000/- towards the 'permanent disability' which was certified by the medical expert as 50%. It is in the said circumstances that enhancement of the quantum of compensation is sought for in this appeal.