ASHOK CHOUDHARY Vs. DILIP KUMAR GHOSH & ORS

JUDGEMENT

(1.) This appeal has been filed by the appellant under Section 173 of the Motor Vehicles Act against an award dated 11th September, 2006, passed by learned 15th MACT, Indore in claim case No. 139/2005. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 6,37,331 with interest @ 7.5% per annum for the injuries sustained, arising out of the accident occurred on 12th September, 2004.

(2.) Appellant had preferred a claim petition under Section 166 of the Motor Vehicles Act, seeking just and reasonable compensation for the grievous injuries sustained in the said accident. The certificate of permanent disablement is available on record. The Tribunal has awarded a total sum of Rs. 6,37,331 out of which Rs. 2,59,931 has been awarded in the head of medical bills, in the head of future loss of earning due to disability Rs. 3,02,400 has been allowed accepting his earning at Rs. 3,500 per month commensurate to the percentage of disability i.e. 45% and applying the multiplier of 16 accepting the age as 34 years, in pain and suffering Rs. 50,000 has been awarded and Rs. 25,000 has been awarded towards special diet.

(3.) Mr. G.K. Neema, learned Counsel for the appellant submits that it is a case in which there was a fracture of tibia-fibula bone and fracture of right leg hip bone and compartmental syndrome in the right leg, however, it may be accepted as a case of 100% loss of earning because now the injured is not in a position to continue with his vocation of driver-ship. In that view of the matter, it is urged that compensation ought to have been calculated accordingly. For loss of amenities of life nothing has been awarded to him though the injured was 27 years of age as apparent from the driving licence (Ext. P/408), therefore, some amount may ought to have been awarded in the said head. In view of the foregoing it is urged that his compensation may be adequately enhanced looking to the facts and circumstances of the case.