RAJKUMAR UTTAMCHAND MEHRA Vs. VINESH KUMAR & ORS

JUDGEMENT

(1.) This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act against an award dated 19-01-2010 passed by IV Motor Accident Claims Tribunal, Indore in Claim Case No. 86/2009. By the impugned award, the Claims Tribunal awarded the compensation as L 46,500/- with interest to the claimant by way of compensation for the injury which appellant sustained in an accident. According to claimant i.e. appellant herein, the compensation awarded is on lower side and hence, need to be enhanced. 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?

(2.) As observed supra, it is a injury case.

(3.) Learned counsel for the appellant submits that appellant Rajkumar, who was aged 33 years at the time of accident, which took place on 2-9-2008. Appellant sustained fracture of right hip. It is submitted that learned Tribunal awarded a sum of L 46,500/-. Learned counsel for appellant submits that looking to the injuries the amount awarded is on lower side which deserves to be enhanced. It is prayed that appeal be allowed and amount be enhanced.