KRISHNA KUMAR SINGH Vs. TULARAM SAHU

JUDGEMENT

(1.) The appellant/claimant has filed this appeal for enhancement of compensation assailing award passed by the learned 1st Additional Motor Accident Claims Tribunal, Jagdalpur, District Bastar in Claim Case No. 238/2019 dtd. 28/8/2021, whereby the learned Tribunal has passed an award to the tune of Rs.56,232.00 with interest at the rate of 9% per anum on account of injuries sustained by the appellant/claimant.

(2.) The facts in brief are that on 16/1/2016 at about 11: 00 am while claimant was returning from Police Line, Jagdalpur to his home, the driver of the offending car bearing registration No. CG 17 KH 7837 by driving it rashly and negligently dashed him, consequently, he sustained injuries including fracture of left femur bone and and hip bone. The claimant underwent surgery and remained hospitalized for considerable period. The claimant also suffered permanent disability to the extent of 53%, but the learned Tribunal assessed functional disability 17%-18%. Respondent No. 1 as well as Insurance Company filed reply to claim petition and denied averments. The learned Tribunal framed issues; parties led evidence, and thereafter, award was passed.

(3.) Mr. Ramsajiwan, Advocate would argue that the learned Tribunal has not granted compensation for loss of income. He would further contend that on conventional heads, the learned Tribunal has awarded meager amount. It is also contended that on the head of conveyance, loss of amenities and future medical expenses, the learned Tribunal has not awarded compensation. He would pray to enhance the compensation.