SOHNU @ SONU Vs. RAJESH GUWA

JUDGEMENT

(1.) THE present appeal arises out of the impugned order passed by the Learned Motor Accident Claims Tribunal vide order dated 16th October 1998 in an injury case. The Tribunal vide the said order awarded a compensation of Rs. 8,000/ - along with interest @ 12% pa from the date of filing of the petition till realization.

(2.) BRIEF facts of the case are as follows:

(3.) THE present appeal is preferred for enhancement of award passed by the Tribunal. Learned Counsel for the appellants, Mr. J.S. Kanwar, submitted before this Court that the award of compensation of Rs. 8,000/ - passed by the Learned Tribunal is inadequate and against the mandate of law laid down by the Hon'ble Apex Court. He urged that the Tribunal has not awarded any compensation for the loss of income for period of 6 months, as the injured claimant could not work for the said period. The counsel submitted that the tribunal erred in not granting compensation towards loss of amenities, temporary/partial disablement and loss of earnings during the period of treatment. He contended that Tribunal should have awarded compensation for loss of amenities as he was removed from the job as a consequence of the injury sustained by him in this accident. He further urged enhancement of the amount awarded towards the head of pain & sufferings and the compensation for medical expenses. It was contended by him that the Tribunal awarded a meager amount of Rs. 5,000/ - towards the pain and suffering caused to the claimant, and the amount of Rs. 3,000/ - towards medical expenses is also on the lower side. Counsel stated that the compensation for the pain & suffering caused should be enhanced and for the medical expenses, conveyance and special diet the said compensation should be Rs. 13,000/ -.