VIJAY KUMAR Vs. DEVINDER SINGH

JUDGEMENT

(1.) THE present appeal arises out of the award of compensation passed by the Learned Motor Accident Claim Tribunal on 01.02.2001. The learned Tribunal awarded a total amount of Rs. 33,923/ - with an interest @ 10% PA for the injuries caused to the claimant appellant in the motor accident.

(2.) ON 23.1.95 at about 9.30 a.m. an accident took place due to rash and negligent driving on the part of the bus driver who was driving bus No. UGP 4316 at very high speed, negligently and rashly while going from Haldwani side to Muradabad. The accident took place at Gram Taharpur. The bus was hit against a tree as a result of which the petitioner and other passengers received serious injuries.

(3.) APPELLANT claimant claims enhancement through this appeal. The counsel 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 awarding a sum of Rs. 6,000/ - towards earning loss for two months and which should have been Rs. 90,000/ -. The Counsel also expressed his discontent on the amount of compensation granted towards medical expenses. He claimed an amount of Rs. 40,000/ - towards the medical treatment, conveyance and special diet. The claimant appellant has produced some medical bills to claim the stated amount, but he contended that looking at the facts and circumstance of the case and the fact that the claimant was treated for fracture in leg, the learned Tribunal must should consider the same, while awarding that amount. The Tribunal awarded a sum of Rs. 20,000/ - towards mental pain & suffering but the counsel shows his discontent to that as well and averred that it should have been Rs. 50,000/ -. Further the counsel pleaded that the tribunal erred in awarding an interest of 10% pa instead of 15% pa.