SHAMSHER SINGH Vs. JAGDISH KUMAR

JUDGEMENT

(1.) THE challenge in this appeal is to the award dated 18th August, 2005 of the learned Motor Accident Claim Tribunal (the Tribunal for short) which came to be passed in the claim petition No. 324/2003 (Old No.398/2003) filed by the appellant for seeking compensation on account of injuries which were sustained by him in the road accident which took place on 26th April, 2003 when he was going on his two wheeler scooter and was hit by a truck bearing registration No.HP-14-2565 being driven by respondent No.1 in rash and negligent manner. THE said truck was stated to be owned by respondent No. 2 and insured with respondent No. 3. THE Tribunal awarded total compensation of `3,16,327/- which was made up on account of pain and suffering `30,000/-, medicines and medical treatment `28,930/-, special diet and conveyance `20,000/-, employing attendant `24,000/- loss of enjoyment, amenities and general damages `50,000/-, loss of expectancy of life `20,000/- and on account of loss of leaves `1,43,397/-.

(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 he suffered disability to the extent of 55 per cent which lowered his earning capacity and future prospects of earning. It is also alleged that the compensation awarded on account of loss of enjoyment of amenities and general damages, on account of loss of expectancy of life, pain and sufferings etc. are on lower side.

(3.) I do not see any infirmity in awarding `24,000/- to the appellant on account of employing attendant.