SHRI BHUSHAN KUMAR Vs. DTC AND ORS.

JUDGEMENT

(1.) THE present appeal arises out of the award dated 3rd September 2002 of the Motor Accident Claims Tribunal whereby the Tribunal awarded a sum of Rs. 33,500/ - with a simple interest @ 12% pa.

(2.) THE brief conspectus of the facts is as follows:

(3.) SH . O.P. Mannie counsel for the appellant urged that the award passed by the learned Tribunal is inadequate and insufficient looking at the circumstances of the case. He assailed the said judgment of Learned Tribunal firstly, on the ground that the tribunal erred in assessing the income of the claimant appellant at Rs. 750/ - PM without considering his earnings from Burma Trunk House where from he was drawing a salary of Rs. 20/ - per day. Based on this, it is further contended that the loss of income should also be enhanced, accordingly. The Counsel also expressed his discontent on the amount of compensation granted towards medical expenses. He claimed an amount of Rs. 25,000/ - towards the medical treatment and expenses. Enhancement is also claimed on the ground that a meager amount of just Rs. 1,500/ - has been awarded towards conveyance instead of the claim of Rs. 12,000/ - . Amount towards the special diet is also sought to be enhanced from Rs. 4,000/ - to 35,000/ -. The Tribunal awarded a sum of Rs. 15,000/ - towards mental pain & suffering but the counsel showed his discontent to that as well and averred that it should have been Rs. 50,000/ -. Further the counsel pleaded that the counsel erred in awarding an interest of @9% pa instead of 12% pa.