KAILASH YADAV Vs. RAM CHARAN YADAV AND ORS.

JUDGEMENT

(1.) The appellant was claimant before the motor accident claims tribunal in suit no. 166/2010 instituted on 21.04.2010 whereby he sought compensation under section 166 of Motor Vehicles Act, 1988 for injuries suffered by him in a motor vehicular accident that had occurred on 07.01.2010 due to negligent driving of truck bearing registration no. DL 1M 2616, which was admittedly insured against third party risk with the third respondent (insurer) for the period in question. The tribunal held inquiry and, by judgment dated 23.11.2010, awarded compensation in the sum of Rs. 13,91,620/-, directing the insurer to pay the same with interest. It is noted that the tribunal has awarded compensation under various heads including Rs. 11,000/- towards medical expenditure, Rs. 2,31,420/- towards artificial limb, Rs. 6,45,200/- on account of loss of income due to permanent disability, Rs. 1,00,000/- each towards pain and suffering, loss of enjoyment of amenities of life and disfigurement and Rs. 2,04,000/- towards attendant charges.

(2.) The appeal was filed seeking enhancement of the compensation, the prime contentions raised being that the case should have been treated as one of total functional disability (100%); the expenditure towards treatment including that on account of special diet granted is inadequate; and that the tribunal has ignored the fact that the artificial limb would need replacement after four to five years, the minimum requirement being of three replacements.

(3.) The appeal was put in the category of 'regulars' as per order dated 18th April, 2012. On appeal being taken up, there is no appearance on behalf of the appellant. The matter has been considered with the assistance of the learned counsel for the insurer and by perusal of the tribunal's record.