LALIT KUMAR KANWAR Vs. HARVINDER SINGH

JUDGEMENT

(1.) The present is an appeal filed by the claimant seeking enhancement of compensation under Section 173 of the Motor Vehicles Act (for short, the MV Act) against the award dated 24.12.2016 passed by the 5th Additional Motor Accident Claims Tribunal, Raigarh (for short, the Tribunal) in Claim Case No.7 of 2016. Vide the said impugned award, the Tribunal in a claim application filed under Section 166 of the MV Act have awarded compensation of Rs.5,37,290/- along with interest @ 7 percent per annum from the date of application.

(2.) Learned counsel appearing for the appellant submits that the compensation awarded is on lower side inasmuch as the Tribunal has not taken into consideration the future prospects while quantifying the compensation. The Tribunal has not properly assessed the income of the claimant and that the percentage of disability also has been wrongly assessed. According to him, since the date of accident is June, 2013, under normal circumstances itself the claimant who was working as a Carpenter at the time of accident would be having a monthly income of more than Rs.6000/- accepting even Rs.200/-per day as daily income whereas, the Tribunal has assessed his per day income at Rs.100/- only. It was further argued that the percentage of disability assessed by the Tribunal also is on lower side as the left hand of the claimant has got completely damaged inasmuch as it has suffered paralysis and because of the injuries it is difficult for him to perform the nature of duties of Carpenter henceforth. Therefore, the compensation ought to have been awarded by assessing 45 percent disability.

(3.) Counsel for the insurance company however opposing the appeal submits that the award passed by the Tribunal seems to be fair and reasonable considering the entire facts and circumstances of the case. In addition, it was also argued that the doctor in the instant case has also not been examined to prove the actual disability.