RAMCHANDRA SHARMA Vs. DHEERAJ

JUDGEMENT

(1.) The present appeal preferred by the claimant under Sec. 173 of the Motor Vehicles Act seeks to assail the award dtd. 15/3/2018 passed by the learned Motor Accidents Claims Tribunal in MACT No.56282/2016. Vide the impugned award, the learned Tribunal, after coming to the conclusion that the injuries suffered by the appellant were on account of the accident with the insured vehicle, directed the insurer to pay a sum of Rs.5,80,363.00 as compensation to him.

(2.) The present appeal has been filed seeking enhancement of the compensation. In support of his plea that the compensation awarded by the learned Tribunal needs to be enhanced, the appellant has raised three primary grounds. The first being that the appellant, who was working as a mason is unable to perform any job on account of the 46% permanent disability from which he is suffering as a result of the accident, the learned Tribunal ought to have taken his loss of earning capacity as 100% instead of 23%. Learned counsel for the appellant next submits that the learned Tribunal erred in not accepting the appellant's plea that he was drawing a monthly salary of Rs.15,000.00 thereby treating his monthly salary as being Rs.8,632.00 on the basis of minimum wages of an unskilled worker. He finally submits that the learned Tribunal has also erred in not granting him any enhancement towards loss of future prospects for which purpose he places reliance on the decisions of the Apex Court in National Insurance Co. Ltd. v. Pranay Sethi (2017) 16 SCC 680 and Parminder Singh v. National Insurance Co. Ltd. and Ors.[Civil Appeal 5123/2019]. He additionally submits that compensation granted towards 'pain and suffering' and 'loss of amenities for life and enjoyment of life' are on the lower side.

(3.) After some arguments, he does not press the first two grounds but submits that the appellant would be satisfied if this Court were to grant an enhancement of 25% towards loss of future prospects which the learned Tribunal has failed to grant and also enhance the compensation towards pain and suffering and 'loss of amenities for life and enjoyment of life'.