GAJANAN S/O MADHAVRAO MANE Vs. SUKHIJINDER SINGH

JUDGEMENT

(1.) This is an Appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short "M.V. Act") by the Claimant for enhanced compensation. The Appellant approached the learned Motor Accident Claims Tribunal, Nagpur (for short 'Tribunal") in Claim Petition No.1147/2005 for compensation towards permanent disability resulting out of the motor vehicular accident on 8/9/2005. The learned Tribunal, on considering the evidence available on record, awarded compensation of Rs.6,76,000.00 with interest at the rate of 6% per annum from 27/11/2006 till the payment.

(2.) Heard the learned Advocate for the Appellant and the learned Advocate for the Respondent No.2 Insurance Company. None for the Respondent No.1 though served. Perused the record.

(3.) The learned Advocate for the Appellant submits that, the Appeal is filed on the ground of quantum. The learned Tribunal did not consider the salary of October, 2005 which was more. As the Appellant lost his right upper limb, he suffered 100% functional divisibility. The learned Tribunal considered the disability of 30%. The learned Tribunal did not grant compensation under necessary heads, such as, income loss during the treatment, pain and suffering, loss of amenities etc. The future prospects are also not granted. The interest awarded by the learned Tribunal was on lower side. In support of his submissions, he relied on the judgment in Sidram V/s. The Divisional Manager, United India Insurance Co. Ltd. and another, 2022 SCC OnLine SC 1597 and Sanjay Rajpoot V/s. Ram Singh and others, 2025 AIR SC 1250.