CHOHALRAM Vs. NARENDRA

JUDGEMENT

(1.) The appellant/claimant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short "the Act") seeking enhancement of compensation awarded by Additional Motor Accidents Claims Tribunal (FTC), Rajnandgaon (for short "the Tribunal") in Claim Case No. 15/2009, vide award dated 29-3-2010. As against the compensation of Rs. 2,25,000/- claimed by the appellant/claimant by filing an application under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident which took place on 18-5-2008; the learned Tribunal has awarded a total sum of Rs. 5,000/- as compensation to the appellant/claimant along with interest @ 6% per annum from the date of filing of the application till the date of actual payment.

(2.) The learned Tribunal on a close scrutiny of the evidence led before it held that the accident did not occur due to rash and negligent driving of respondent No. 1-Narendra, driver of offending vehicle Maruti Van bearing registration No. CG-08/5548, the appellant/claimant only sustained contusion and abrasion in the motor accident which took place on 18-5-2008; respondent No. 3-the New India Insurance Company Limited was held liable for payment of compensation and assessed the aforesaid sum as compensation to the appellant/claimant.

(3.) Learned Counsel appearing for the appellant submits that the Tribunal has erred in awarding low compensation of Rs. 5,000/- only. He further submits that appellant sustained serious injuries in the motor accident and the Tribunal awarded the aforesaid sum under all heads which deserves to be enhanced suitably.