JASWANT LAL NAGPAL Vs. ANAND SINGH AND ORS.

JUDGEMENT

(1.) THE present appeal arises out of the award of compensation passed by the Learned Motor Accident Claim Tribunal on 2.2.1998 for enhancement of compensation. The learned Tribunal awarded a total amount of Rs. 65,100/ - 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 . O.P. Mannie, 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 income of the claimant appellant at Rs. 1,009/ - PM whereas he was actually earning Rs. 3,500/ - per month. It is further argued that Ld. Tribunal erred in taking into consideration the provisions of II schedule to the Motor Vehicles Act for assessing the loss of earning for 52 weeks only whereas the claim of the appellant was filed Under Sections 166 & 140 of M.V Act and as such, the Ld. Tribunal ought to have awarded the loss of income @ Rs. 3500/ - per month for 2 years and 7 months as appellant remained under active treatment upto the middle of 1995. The Counsel also expressed his discontent to the awarded compensation of Rs. 33,000/ - towards expenses on treatment, special diet and conveyance and claimed more than Rs. 90,000/ - under these heads. It was submitted that Ld. Tribunal erred in awarding the general damages to the tune of Rs. 20,000/ - and same should have been Rs. 2,00,000/ -. It is also submitted that no compensation for the permanent disability suffered by the appellant has been awarded by the Tribunal. It was further pleaded that Ld. Tribunal erred in not awarding any compensation for loss of earning capacity, loss of expectation of life, loss of amenities of life and for hardship, discomfort, disappointment, frustration & mental stress faced by the appellant. Further, the counsel pleaded that the tribunal erred in awarding an interest of 12% p.a instead of 24% p.a. It is further urged that Ld. Tribunal erred in passing the directions that 80% of the award with entire upto date interest shall be put in fixed deposit in any scheduled bank for a period of five years and tribunal ought to have released at least 75% of the award with proportionate interest to the appellant.