MUKH LAL Vs. RAMESH CHANDRA DIXIT AND ANOTHER

JUDGEMENT

(1.) This is an appeal preferred by appellant Mukh Lal s/o Sone Lal for enhancement of compensation awarded by the Motor Accident Claims Tribunal/Special Judge, S.C./S.T. Act, Etawah, dated 23.12.2000 in M.A.C.P. No. 3 of 1997, Mukh Lal v. Ramesh Chandra and another. By the aforesaid impugned award the Tribunal has awarded a sum of Rs. 57,000 together with interest at the rate of 12% per annum. This award is being challenged by the appellant on the ground that the compensation awarded by the Tribunal is not sufficient and inadequate for the reasons that the Tribunal has based its findings on the surmises and conjectures. According to the appellant, he was going to Ausharabad on 27.6.1996 in bus No. U.P. 75A/3616, which met with an accident on account of rash and negligent driving of its driver. The appellant suffered grievous injuries in the legs and had been permanently disabled on account of the aforesaid accident; that the appellant remained confined to bed for about 23 days and was discharged with 10% permanent disability in comparison to the other leg. It is stated that the appellant was 30 years at the time of accident, but the Tribunal by adopting a wrong multiplier of age and ignoring future prospects as well as physical and mental loss for estimated 40 years has awarded insufficient amount of compensation. It has been vehemently argued in the aforesaid circumstances that the awarded compensation is liable to be enhanced to the extent of Rs. 15,35,000 thus:

(2.) The appellant has relied upon the judgment rendered by the Apex Court in Mohan Soni v. Ram Avtar Tomar and others, 2012 LawSuit(SC) 12, wherein it has been held that:

(3.) We have heard learned counsel for the appellant and perused the record.