PRABHU Vs. JASWANT SINGH RATHOR

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act, 1988 has been filed by the claimant against the award dated 24.4.2009, passed by the Motor Accidents Claims Tribunal, Indore, in Claim Case No. 157 of 2008. The appellant had suffered injury in the road accident, which had taken place on 28.2.2008. Accordingly, he had filed the claim petition before the Tribunal. The Tribunal found that the appellant had suffered permanent disability in the accident and, therefore, awarded Rs. 9,500 towards loss of income during treatment period, Rs. 5,000 for pain and suffering, Rs. 3,500 for special diet and transportation charges and Rs. 55,000 for permanent disability. Thus, the Tribunal granted an amount of Rs. 1,00,000 under all the heads along with interest at the rate of 7 per cent per annum from the date of application till realization.

(2.) It is not necessary to narrate the entire facts in detail, such as how the accident occurred, negligence in driving the offending vehicle, and liability to pay the compensation, etc., because the Tribunal has already recorded the findings in favour of the appellant and none of those findings have been challenged at the instance of the respondents, i.e., owner/driver/insurance company by filing cross-appeal or cross-objection. In that view of the matter it is not necessary to burden the judgment by detailing the facts on those issues.

(3.) Learned counsel for the appellant submits that the injuries sustained by the appellant were grievous in nature. It is also submitted that on account of grievous injuries the appellant sustained permanent disablement. He could not perform any work during the treatment period and suffered loss of income. Learned counsel further submits that the compensation awarded by the Tribunal is inadequate and award has been passed without properly appreciating the injuries sustained, the permanent disablement, hospitalisation, medical bills and the loss of earnings. In view of the said submissions the inadequacy of the compensation awarded by the Tribunal has been assailed.