NITIN KUMAR TIWARI Vs. SUNDER LAL

JUDGEMENT

(1.) The instant appeal under Sec. 173 of the Motor Vehicles Act, 1988 for enhancement of compensation has been preferred by the claimant against the impugned judgment and award dtd. 22/1/2010 passed by the Motor Accident Claims Tribunal/District Judge, Kaushambi, in MACP No. 4 of 2007 (Nitin Kumar Tiwari vs. Sunderlal and another), whereby, for the injuries sustained by the claimant in a road accident, which occurred on 27/10/2006, a compensation of Rs.3,50,000.00 along with interest at the rate of 6% per annum has been awarded to the claimant, which has been ordered to be indemnified by the insurer of the offending Vehicle No.UP73-A-1495.

(2.) Since there is no cross appeal by the owner, driver and the insurer of the offending vehicle as such, the factum of accident and negligence is not disputed by the respondents.

(3.) In this case, the claimant asserted that he was approximately 26 years of age on the date of the accident, was self-employed, who was giving tuition to children, and was earning Rs.6,000.00 per month, and his one side of the body became paralyzed due to the injuries sustained in the accident, he became permanently disabled requiring two persons as attendants to help him. The claimant asserted that he has become 100% disabled.