ANIL SHARMA Vs. VINOD KUMAR AND ORS.

JUDGEMENT

(1.) THE present appeal arises out of the award of compensation passed by the Learned Motor Accident Claim Tribunal on 26.2.2001. The learned Tribunal awarded a total amount of Rs. 97,500/ - with an interest @ 9% PA for the injuries sustained by the claimant appellant in the motor accident.

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

(3.) SH . Y. R. Sharma, 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 awarding Rs. 48,000/ - as compensation towards loss of income and he made the said contention on the basis that petitioner suffered complete loss of income for a period of 3 years & 2 months and at the salary of Rs. 4000/ - per month and same should be enhanced to Rs. 1,52,000/ -. The Counsel also expressed his discontent on the amount of compensation granted towards medical expenses, conveyance and special diet. He claimed an amount of Rs. 54,400/ - towards the medical treatment, conveyance and special diet. The Tribunal awarded a sum of Rs. 40,000/ - towards mental pain & suffering, loss of expectations and loss of earning capacity in future but the claimant showed his discontent to that as well and averred that he remained under treatment for a long time and has suffered permanent disability and thus compensation for the same should have been awarded at Rs. 50,000/ -. For permanent disablement also he sought Rs. 3,42,600/ -. The compensation towards expenses incurred in repairing the damage to the scooter is also pleaded to be enhanced through this appeal. It is also submitted by the counsel for the claimant appellant that claimant had engaged an attendant to look after him for a period of one year @ Rs. 1200/ - per month and has sought Rs. 14,400/ - under this head. Further the counsel pleaded that the counsel erred in awarding an interest of 9% pa instead of 15% pa.