SHANKAR PRASAD Vs. NAFEES KHAN

JUDGEMENT

(1.) This is an appeal filed by the claimant under section 173 of the Motor Vehicles Act against an award dated 30.3.07 passed by II Motor Accident Claims Tribunal, Indore in claim case No. 42/05. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 19,000/- with interest to the claimant by way of compensation for the injury which he sustained in an accident and respondent No.3 was exonerated. According to claimant i.e. appellant herein, the compensation awarded is on lower side and hence, need to be enhanced and findings relating to exoneration of respondent No.3 be set aside. It is for the enhancement in the compensation awarded by the Tribunal, the claimant has filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in the compensation awarded and if so to what extent and also whether respondent No.3 was rightly exonerated?

(2.) It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle.

(3.) Learned counsel for the appellant submits that appellant was aged 29 years at the time of accident, which took place on 31.1.05. It is submitted that appellant sustained fracture of nasal bone. It is submitted that appellant was hospitalized for some days, where appellant was operated. It is submitted that learned Tribunal has awarded a sum of Rs. 19,000/-, breakup of which is as under: -