CHAKALA DEVSHI LANPAL Vs. SURESH MOHANLAL LALAN

JUDGEMENT

(1.) This appeal has been preferred for enhancement of compensation awarded by the Motor Accident Claims Tribunal (Main), Bhuj -Kutch in M.A.C.P. No. 561/1993 vide judgment and award dated 24.04.2000 whereby, the appellant, original claimant, was awarded total compensation of Rs. 2,00,000/- along with interest at the rate of 12% per annum from the date of application till its realization with proportionate costs, as against the total claim of Rs. 10.00 Lacs.

(2.) The aforesaid claim petition came to be preferred in connection with the vehicular accident that occurred on 30.04.1993 involving a Motor Car bearing registration No. MH-1-1394. In the said accident, the appellant sustained severe bodily injuries and subsequently, filed the claim petition, which came to be partly allowed by way of the impugned award.

(3.) The main grounds under which the appellant has prayed for enhancement of compensation is that the incomes awarded under the heads of future loss, actual loss and pain shock and suffering are on the lower side. It has been submitted that while computing future loss, the Tribunal has not considered the aspect of rise in income, as has been provided by the Apex Court in the case of Sarla Verma vs. Delhi Road Transport Corporation, 2009 6 SCC 121. It has been submitted that incomes awarded under the other two heads, viz. actual loss and pain shock and suffering, are less considering the period of hospitalization. Hence, the incomes under the above heads deserve to be enhanced.