TEK BAHADUR Vs. RAM BHAROSE

JUDGEMENT

(1.) THESE two Appeals arise out of a judgment dated 23.02.2011 passed by the Motor Accident Claims Tribunal (MACT -03, Dwarka Courts, New Delhi) (the Claims Tribunal) whereby a compensation of Rs. 12,34,260/ - was awarded in favour of Tek Bahadur, for having suffered injuries in a motor vehicle accident which occurred on 29.01.2009.

(2.) MAC APP.472/2011 has been preferred by Tek Bahadur (hereinafter referred to as the Claimant) for enhancement of compensation whereas MAC APP.504/2011 has been preferred by the New India Assurance Company Limited (the Insurance Company) stating that the compensation awarded is excessive and exorbitant.

(3.) IT is urged by the learned counsel for the Claimant that the Claimant who was working as a Hawaldar in the Indian Army was prematurely discharged from the military services and the Claims Tribunal erred in awarding a compensation of only Rs.11,89,260/ - towards loss of income. His salary had increased to about Rs.20,000/ - at the time of his discharge and he should have been awarded full compensation for loss of income on the multiplier of 14, which was relevant to his age of 42 years at the time of his discharge; the compensation awarded towards pain and suffering is inadequate; no compensation has been awarded towards loss of amenities and inconvenience caused to him and the compensation awarded towards special diet and conveyance is highly disproportionate.