SHRI RICHARD DINIZ, S/O. PATRICK DINIZ, AGED ABOUT 29 YEARS, SERVICE, RESIDENT OF HOUSE NO. 887, PONTEMOL, CURCHOREM - GOA Vs. SHRI CHANDRAKANT NITU SAWANT DESSAI, MAJOR OF AGE, BUSINESS, RESIDENT OF HOUSE NO. 20, SAWANTWADA, KAKODA - GOA,

JUDGEMENT

(1.) THE above Appeal challenges the Judgment and Award dated 15.04.2006, passed by the learned Presiding Officer in the Motor Accident Claims Tribunal, South Goa, Margao, in Claim Petition no. 17/2004, whereby the Claim filed by the Appellant was partly allowed and the Respondents were directed to pay jointly and severally compensation to the tune of Rs.1,10,000/ -alongwith interest at the rate of 7.5% per annum from the date of the filing of the Claim Petition upto actual payment.

(2.) SHRI Pangam, learned Counsel appearing for the Appellant has assailed the impugned Judgment essentially on two counts. It is his contention that the compensation awarded by the Tribunal on account of pain and suffering is on the lower side as according to him, the claimant had suffered three fractures on account of the motor vehicle accident and, as such, considering that he was confined in the household for more than one year, the learned Judge ought to have ordered a higher compensation. Learned Counsel took me through the evidence of Aw.1 and pointed out that he has stated that he had suffered pain and suffering to undergo two operations and he would have to under go treatment for a period of one or two years which would entail substantial pain and suffering to the Appellant. Learned Counsel further pointed out that the accident has occurred on account of the rash and negligent driving of the truck by the Respondent no.2 and, as such, the Appellants were entitled for compensation claimed in the Claim Petition. The learned Counsel further points out that the learned Judge has erroneously awarded only a sum of Rs.15,000/ -on account of loss of income when, on the contrary, it is the contention of the learned Counsel that the Appellant being a Chemist by profession, was earning a very substantial sum and that on account of the accident, he was unable to carry out any of his duties for a considerable time. Learned Counsel as such submitted that the impugned Judgment deserves to be modified and the Appellant be awarded further compensation on account of pain and suffering as well as on account of loss of income.

(3.) HAVING heard the learned Counsel and on perusal of the evidence on record, the following points for determination arise in the present Appeal for my consideration :