AMRIT PAL SINGH Vs. BALDEV SINGH AND ORS.

JUDGEMENT

(1.) THE present appeal arises out of the award of compensation passed by the Learned Motor Accident Claim Tribunal on 6.8.99 for enhancement of compensation. The learned Tribunal awarded a total amount of Rs. 77,000/ -(50% of Rs. 1,54,000/ -deducted on account of contributory negligence on the part of appellant) 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. Goyal, 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 holding the appellant as well as driver of the offending bus equally negligent. The appellant showed his discontent to the amount of compensation awarded towards pain and suffering. He claimed Rs. 5,00,000/ - for tremendous pain & suffering and mental agony. It was submitted that appellant suffered 100% disability for reproduction and sexual life and Ld. Tribunal ought to have awarded Rs. 10,00,000/ - on this count. Further, it is contended that separate compensation ought to have been awarded for loss of enjoyment of life & for loss of amenities of life. It is further contended that the loss of income should also be enhanced to Rs. 76,800/ - as appellant was earning Rs. 1600/ -per month at the time of accident and could not earn for a period of 4 -5 years. It is also stated that Ld. Tribunal erred in not awarding any compensation for future loss of earnings. The Counsel also submitted that Ld. Tribunal has not considered the fall in the value of money between the date of accident and the date of judgment. Further the Counsel pleaded that the Counsel erred in awarding an interest of 12% pa instead of 15% pa in view of the Supreme Court judgment reported as 1991 ACJ 3.