SHIV KUMAR Vs. SAHENDER RAJWAR @ SURENDRA RAJWAR

JUDGEMENT

(1.) This is claimant's appeal for enhancement of compensation awarded by the 2nd Addl. Motor Accident Claims Tribunal, Surajpur, Distt. Sarguja (for short 'the Tribunal') in claim case No. 17/2004 vide award dated 21.03.2005. As against compensation of Rs. 4,85,000/- claimed by the appellant/claimant by filing application under Section 166 of the Motor Vehicles Act, 1988 (for short "the MV Act") for the injuries sustained by him in the motor accident on 03.09.2001; the Tribunal, on a close scrutiny of the evidence led, material placed and submissions of the parties, awarded a total sum of Rs. 33,000/- as compensation along with interest @ 9 percent.

(2.) Shri Sanjay Agrawal, learned counsel appearing for the appellant would submit: although the appellant has not examined the doctor to prove the injuries sustained by him in the accident, however, the learned Tribunal has fallen in error in awarding low amount of compensation of Rs. 33,000/- only.

(3.) On the other hand, Shri Pankaj Agrawal, learned counsel appearing for the respondent No. 2/Insurance Company supported the award impugned and submitted that the amount of compensation awarded by the Tribunal is just and proper compensation in the facts & circumstances of the case which does not call for any interference.