KRISHAN KUMAR Vs. BALDEV SINGH AND ORS.

JUDGEMENT

(1.) The appellant was the claimant before the tribunal in accident claim case (MACT 1039/10/08) instituted on 19.04.2008 to seek compensation for the injuries suffered in a motor vehicular accident that had occurred on 18.02.2008 due to the negligent driving of a truck bearing registration no.HR-38G-9319 admittedly insured against third party risk with the third respondent (insurer).

(2.) By judgment dated 29.01.2011, the tribunal accepted the said claim on principle of fault liability under section 166 of the Motor Vehicles Act, 1988 holding the first respondent negligent in driving of the truck and, thus, also holding the second respondent vicariously liable, he being the owner of the truck. The tribunal found the functional disability suffered by the claimant in the process to be to the extent of 30% thus, on the basis of disability certificate (Ex. PW1/2) showing him to be a permanently disabled person on account of post traumatic stiffness of right ankle and knee, it awarded compensation in the total sum of Rs. 1,90,735/-.The said amount includes besides loss of future earning capacity and special diet and conveyance charges, a lumpsum amount of Rs. 75,000/- towards pain and suffering, inconvenience, mental shock, disfigurement and loss of amenities, etc.

(3.) By the appeal at hand, the claimants presses his grievance that all the said non-pecuniary heads of damages could not have been rolled into one lump sum award in the manner done by the tribunal.