LAWS(DLH)-2009-4-542

SH. RIAZUDDIN Vs. DTC AND ANR.

Decided On April 13, 2009
Sh. Riazuddin Appellant
V/S
DTC and Anr. Respondents

JUDGEMENT

(1.) THE present appeal arises out of the award of compensation passed by the Learned Motor Accident Claim Tribunal on 30.3.99 for enhancement of compensation. The learned Tribunal awarded a total amount of Rs. 1,00,000/ - with an interest @ 12% PA for the injuries caused to the claimant appellant in the motor accident.

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

(3.) SH . R.D. Shahalia, counsel for the appellant claimant 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 loss of future income of the claimant appellant as he suffered less than 40% permanent disability. The Counsel also expressed his discontent on the amount of compensation granted towards treatment, medicines, special diet & conveyance. Ld. Counsel for the appellant has further contended that tribunal has not awarded any amount for loss of happiness and loss of amenities in a happy married life as well as for cost of litigation & shortening of life expectancy. The Counsel also expressed his discontent on the amount of compensation granted towards pain and suffering. Further the counsel pleaded that the counsel erred in awarding an interest of 12% pa.