SURENDRA KUMAR SAHU Vs. VIRENDRA KUMAR VERMA

JUDGEMENT

(1.) The present is a claimant's appeal under Section 173 of the Motor Vehicles Act, 1988, seeking for enhancement of compensation awarded by the First Additional Presiding Officer of the Court of First Additional Motor Accident Claims Tribunal, Raipur, vide its award dated 19.5.2017, in Motor Accident Claim Case No. 137/2002.

(2.) Vide the impugned award, the learned Tribunal, in an injury case, under Section 166/140 of the Motor Vehicles Act, has awarded a compensation of Rs.93,073/- to the appellant-claimant with interest thereon at the rate of 7.5% per annum.

(3.) Learned counsel for the appellant-claimant submits that this is the second round of litigation so far as the claimant is concerned. That the Tribunal on an earlier occasion i.e. on 1.4.2004 had passed an award in favour of the claimant awarding an amount of Rs.10,000/- which was subjected to challenge by the claimant in Misc. Appeal No. 704/2004 before this Court. The said appeal stood disposed of on 4.11.2016 and this Court after setting aside the award dated 1.4.2004 had remitted the matter back for reconsideration and also after affording an opportunity to prove the disability part if any. Subsequent to the matter being remanded, the claimant was further examined and in addition the claimant also got examined a doctor i.e. AW-3 Dr. V.K. Pandey who was a member of the Medical Board and who had also treated the claimant at the time of accident and he has also opined that the claimant suffered from permanent disability of 45% as per the orthopedic manual. However, the Tribunal vide the impugned award has passed an award enhancing the compensation from Rs.10,000/- to Rs.93,073/- vide the impugned award.