ANUJ SHARMA Vs. AHSANUL HAQ

JUDGEMENT

(1.) THE challenge in this appeal is to the award dated 3rd October, 2005 of the learned Motor Accident Claim Tribunal (the Tribunal for short) which came to be passed in the claim petition No. 88 of 2004 filed by the appellant for seeking compensation on account of injuries which were sustained by him in the road accident which took place on 29th October, 2003 when he was driving motor cycle No.DL-4SP-0077 and was hit by a TATA 407 bearing registration No.DL-1LB-7082 being driven by respondent No.1, Ahsanul Haq, at very high speed and in a rash and negligent manner. THE said vehicle was stated to be owned by respondent No. 2, Rahis Ahmed, and insured with respondent No. 3. the New India Insurance Company Limited. THE Tribunal awarded total compensation of `14,36,880/- which was made up of reimbursement of medical expenses `4,50,000/-, pain and suffering `75,000/-, loss of salary/leave `2,02,400/-, loss of earning capacity `5,19,480/-, permanent disability `1,00,000/-special diet/conveyance `40,000/- and loss of marriage prospects `50,000/-.

(2.) THE impugned award is assailed by the appellant alleging the compensation to be on lower side. THE appellant has prayed for enhancement of compensation on different counts. THE main grievance of the appellant is that though he suffered disability to the extent of 60 per cent which lowered his earning capacity and prospects of future earning as well as marriage, but the learned Tribunal granted compensation on lower side under these heads.

(3.) HAVING regard to the nature of injuries sustained by the appellant coupled with the medical treatment, as noted above, the learned Tribunal was also right in arriving at a compensation of `75,000/- towards pain and sufferings.