RADHESHYAM YADAV Vs. RADHESHYAM YADAV

JUDGEMENT

(1.) THIS is claimant's appeal for enhancement of the compensation awarded by the Fifth Additional Motor Accidents Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 08.04.2011, passed in Claim Case No.63/2011.

(2.) AS against the compensation of Rs.25,50,000.00 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 19.10.2006, the Tribunal awarded a total sum of Rs.48,212.00 as compensation along with interest @ 9% per annum from the date of filing of the claim petition till the date of actual payment.

(3.) THE Tribunal considering the number and nature of the injuries proved to have been sustained by the claimant in the motor accident and the amount proved to have been spent on treatment, awarded Rs.86,424.00 towards medical expenses; Rs.5,000.00 for pain and suffering; and Rs.5,000.00 for loss of income during the period of treatment. The Tribunal, thus, assessed the total compensation at Rs.96,424.00. As the claimant was held responsible for the accident to the extent of 50%, the Tribunal directed the insurer of the other Truck to pay 50% of Rs.96,424.00 i.e. Rs.48,212.00 as compensation to the claimant 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.48,212.00 @ 9% per annum from the date of filing of the claim petition till the date of actual payment.