SANDEEP Vs. PARMOD RANA

JUDGEMENT

(1.) THIS appeal under Section 173 of Motor Vehicles Act has been preferred against the judgment/award dated 14.9.2004 passed by Motor Accident Claims Tribunal, Delhi, in a case of injury caused to the appellant due to vehicular accident. Compensation of Rs. 1,17,500 was granted. The appeal is for enhancement of the compensation.

(2.) I have heard Mr. S.N. Parashar, learned Counsel for the appellant and Mr. S.L. Gupta, learned Counsel for the respondent and have gone through the record.

(3.) THE issue No. 1 was decided in favor of the petitioner. While dealing with issue No. 2 the various injuries caused to the appellant have been mentioned. At the relevant time he was studying in 7th Class. It is mentioned that all the medical bills were not produced in the Court except for a sum of Rs. 1800. There is 27.5 % disability. The learned Tribunal has noted that the appellant had suffered very serious injuries and also noted that in such cases of injury a good amount of compensation is to be granted with a view to help the injured for restoration of his health as also for giving him compensation and has detailed the various heads under which the compensation has been granted. The Tribunal has very elaborately discussed every aspect of the case and, in my view, has granted a just and adequate compensation under all the heads despite the fact that admittedly five persons were sitting with the driver of the TSR including the appellant and five-six persons were sitting on the main seat. They were returning from a wedding party and must be in a hilarious mood and that may have added to the cause of the accident.