BABULAL Vs. FIROJ

JUDGEMENT

(1.) THIS appeal is filed by the appellant under Section 173 of the Motor Vehicles Act against an award dated 12-1-2010 passed by learned Additional Member, M.A.C.T., Jaora Distt. Ratlam in Claim Case No. 34 of 2009. By the impugned award, the Claims Tribunal has awarded a total sum of RS.74,000 with interest to the appellant by way of compensation for the injuries sustained in the accident that occurred on 12-11-2008.

(2.) APPELLANT had preferred a claim petition under Section 166 of Motor Vehicles Act, seeking compensation to the tune of RS.5,40,000. According to the appellant compensation awarded by the Tribunal is meagre and deserves enhancement. Therefore, by filing the appeal inadequacy of the compensation has been assailed.

(3.) MR . Manish Jain, 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 accident the injured sustained permanent disablement in right eye. He could not have performed any work during the treatment, and earn any amount. 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 earnings. Thus, compensation may be enhanced.