RAJESH Vs. NITYANAND

JUDGEMENT

(1.) This is an appeal filed by the claimant under section 173 of the Motor Vehicles Act against an award dated 30.10.2007 passed by Thirteenth Additional Motor Accidents Claims Tribunal, Indore in Claim Case No. 38 of 2006. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 72,681 with interest to the claimant by way of compensation for the injury which he sustained in an accident. According to claimant, i.e., appellant herein, the compensation awarded is on lower side and hence, needs 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? It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying the compensation, etc. It is for the reason that, firstly, all these findings are recorded in favour of the claimant by the Tribunal. Secondly, none of these findings though recorded in claimant's favour are under challenge at the instance of any of the respondents such as owner/driver or insurance company either by way of cross-appeal or cross-objection. In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues.

(2.) Learned counsel for the appellant submits that appellant was aged 28 years at the time of accident, which took place on 8.6.2005. It is submitted that the appellant sustained grievous injuries in both the legs. It is submitted that the appellant was hospitalised at Indore w.e.f. 10.6.2005 to 13.6.2005 and thereafter at Ahmedabad w.e.f. 14.6.2005 to 27.6.2005. It is submitted that the thumb of the right leg and ankle of the left leg were amputated. It is submitted that learned Tribunal has awarded a sum of Rs. 72,681, break-up of which is as under:

(3.) Learned counsel for the appellant submits that the appellant was professional driver and the licence is Annexure P97. It is submitted that permanent disability was assessed as 26 per cent in one leg and 21 per cent in another leg, for which certificate is Annexure P102. It is submitted that thereafter appellant was again examined, wherein permanent disability was assessed as 27 per cent and 20 per cent in both the legs, of which certificate is Annexure P105. It is submitted that there were 250-300 stitches in his leg. It is submitted that looking to the injuries sustained by the appellant, amount awarded by the learned Tribunal under all the heads is on lower side which deserves to be enhanced. It is submitted that the appeal be allowed and the amount be enhanced.