BATTUROO RAVI Vs. V SHANKAR RAO

JUDGEMENT

(1.) Appellant who suffered injuries in an accident caused due to the rash and negligent driving of the driver of the tractor belonging to the first respondent and insured with the second respondent filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation of Rs.1,00,000/- from the respondents. The Tribunal, after trial, held that the accident occurred due to the rash and negligent driving of the driver of the tractor belonging to the first respondent, awarded Rs.25,000/- as compensation for the injuries suffered by the appellant. Dissatisfied with the compensation awarded to him, the injured preferred this appeal.

(2.) Since the appeal is by the injured seeking higher compensation than that is awarded to him, the point for consideration in this appeal is "To what compensation is the appellant entitled to?"

(3.) Unfortunately, the Tribunal without specifying under what head it is awarding what compensation to the appellant, it just stated that it is awarding Rs.25,000/- as compensation to the appellant for the injuries suffered by him. In all claim petitions relating to the injuries suffered by the victims, the Tribunal should specify under what head it is awarding what amount of compensation, so that, the appellate Court can verify and decide whether the compensation awarded by the Tribunal under a particular head is adequate or is on the higher side. If compensation is awarded in lumpsum, without mentioning the heads under which it was awarded, it would be very difficult for the appellate Court to decide on what basis what amount of compensation is given to the victims and under what head.