JISAN S/O SH RAHAT Vs. ASHOK KUMAR

JUDGEMENT

(1.) By way of present appeal the appellants seek to challenge the impugned Award dated 16.2.2004 whereby the Tribunal has awarded the compensation of Rs.1,25,660/- along with interest @7% p.a. Brief facts of the case are as under:

(2.) Mr. S.N.Parashar, counsel for the appellant contends that the Tribunal has not adequately awarded the non-pecuniary damages in favour of the appellant. The contention of the counsel for the appellant is that a meager amount of Rs.20,000/- has been awarded by the Tribunal towards pain and sufferings as well as loss of future enjoyment in life. Counsel for the appellant sought to urge that the appellant was aged 9 years as on the date of the accident and he remained under treatment for a period of one and a half year. Counsel for the appellant also submits that the small child of 9 years has undergone lot of miseries due to the injuries received by him. Counsel further submits that no amount of compensation has been awarded by the Tribunal towards loss of education as the appellant remained the student of first standard after a lapse of one and a half year from the date of the accident. The counsel for the appellant has invited my attention to the evidence of the father of the appellant i.e. PW-3, who in his deposition has stated that at the time of the accident he was a student of first standard and because of the said accident and the medical treatment he was unable to go to the school and he remained in the same first standard only even after lapse of one and half year. Counsel for the appellant further submits that the Tribunal has not awarded adequate amount towards special diet and conveyance. In support of his arguments, counsel for the appellant has placed reliance on the judgment of this Court in Oriental Insurance Co. Ltd. Vs. Vijay Kumar Mittal and Ors., 2007 (96) DRJ 288.

(3.) Per contra, Mr. Vishnu Mehra, counsel for the respondent insurance company refutes the said submissions made by the counsel for the appellant.