DILIP JUWANSINGH BHILALA Vs. JAKIR MOHD & ORS

JUDGEMENT

(1.) This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act against an award dated 10-9-2009 passed by Addl. Motor Accident Claims Tribunal, Fast Track Court, Kukshi in Claim Case No. 134/08. By the impugned award, the Claims Tribunal awarded the compensation as L 1,49,387/- 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. Breakup of the amount awarded is as under: <FRM>JUDGEMENT_166_LAWS(MPH)12_2011_1.html</FRM>

(3.) Learned counsel for appellant submits that appellant sustained fracture of femur bone of right leg. Appellant was hospitalised for 20 days where he was operated. It is submitted that relying on the medical evidence adduced, learned tribunal assessed the permanent disability to the extent of 60.05% as there is shortening of leg by three and half inches. Learned counsel submits that for assessing the amount towards loss of dependency, income has been assessed on notional basis which is on lower side as accident is of the year 2008 and on number of heads no amount has been awarded. It is prayed that appeal be allowed and amount he enhanced.