JAGDISH Vs. VIMAL KUMAR S/O HARIBANDHU

JUDGEMENT

(1.) Present is an appeal filed by the claimants under Section 173 of the Motor Vehicles, Act assailing the award dated 15/12/2010 passed by the learned Additional Motor Accident Claims Tribunal (F.T.C.), Balod, District Durg (C.G.) in Motor Accident Claim Case No.125/2009.

(2.) Vide the said impugned award, the Tribunal in a death case under Section 166 of the Motor Vehicles Act has awarded a compensation of Rs.6,92,576/- with interest @ 6% per annum from the date of application.

(3.) The counsel for the appellants submits that, the Tribunal had not granted compensation to the claimants in respect of the actual medical expenses which they have incurred at hospitals of Dhamtari, Vellur and Bhilai. He further submits that, it is a case where the accident took place on 30/07/2008 wherein the deceased-Jyotish Masih had sustained grievous injuries and hospitalized at Dhamtari from where he was shifted at Sector-9 Hospital, Bhilai and further to CMC Hospital, Vellur and he ultimately died on 19/08/2008 after about 20-21 days. The counsel for the appellant submits that, the deceased in the instant case was working in a hospital located at Dhamtari as a Supervisor and also had a business of Poultry Farm. He further submits that, the income assessed by the Tribunal at Rs.3,500/- is on the lower side. Similarly, the deductions made also is of 1/3rd whereas taking into consideration the number of claimants, the deduction ought to had been 1/4th. Likewise, the claimants are also entitled for compensation under the future prospects. It was further contended that, the Tribunal had not considered the bills that had been produced before the Tribunal in respect of treatment at the hospitals of Dhamtari, Vellur and Bhilai. He further submits that, the amount of compensation paid under the conventional head is also on the lower side and same deserves suitable enhancement.