RAJENDER KUMAR Vs. ASHOK KUMAR

JUDGEMENT

(1.) THE present appeal arises out of the award dated 5. 10. 1999 wherein the tribunal awarded a sum of Rs. 25,000/- as compensation along with interest @ 12% per annum.

(2.) THE brief facts of the case inter alia are that on 11. 5. 93, the appellant along with other persons were going on the rickshaw and when they reached near General Hospital Road in front of Kabari Bazar, they were hit by truck No. DHL-4937, which was being driven by the driver in rash and negligent manner. Due to that impact, the appellant along with other occupants fell down from the rickshaw and received injuries.

(3.) THE counsel for the appellant has confined his arguments to claim enhancement of compensation amount only under the head of pain and sufferings. Counsel for the appellant contends that inadequate amount of rs. 5000/- has been awarded by the Tribunal towards pain and sufferings. Counsel for the appellant contends that the appellant injured has received multiple injuries like fracture of left side ribs and left acromon and fracture of upper border of left stepula and also received injuries on his chest, head, shoulder and spine and a tube was also inserted in his stomach. Counsel further contends that the appellant remained admitted in the hospital for about one year, right from the date of the accident. Counsel thus sought to contend that the appellant has suffered enormous pain and agony during the said period of one year. Counsel contends that ignoring the said multiple injuries suffered by the appellant, the Tribunal has granted a meager amount towards pain and sufferings.