JUMMA KHAN Vs. NAJAR MOHD

JUDGEMENT

(1.) The appeal is filed by the appellant under section 173 of the Motor Vehicles Act against an award dated 26.3.2004 passed by learned MACT Kukshi, District Dhar in claim case No. 137/2004.

(2.) The appellant has suffered injury in the road motor accident which had taken place on 15.5.2002. Accordingly, he had filed the claim petition before the Tribunal. The Tribunal accepted the evidence to the effect that the appellant had suffered permanent disability to the extent of 18% in the right hand. The Tribunal also found that the age of the appellant at the time of accident was 52 years but the Tribunal awarded a lump -sum amount of Rs. 30,000/ - under all the heads. The Tribunal has further granted interest @ 9% from the date of application.

(3.) Shri VS. Chouhan, 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 injured sustained permanent disablement. He could not have performed any work during the treatment, and earn any means. Counsel further submits that the compensation awarded by the learned Tribunal is inadequate, without looking to the permanent disablement or the injuries sustained, hospitalization, medical bills and the loss of earning. In view of the said submissions the inadequacy of the compensation awarded by the Tribunal has been assailed, because it is meager and deserves enhancement.