PATIRAM BAGHEL Vs. KALLARAM

JUDGEMENT

(1.) Assailing the award dated 26th October, 2007 passed by the 3rd Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No. 177/2008 on the point of inadequacy of the compensation, the injured appellant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 for an accident took place on 28th September, 2007 in which he sustained 100 % permanent disability. The appellant had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs. 13,25,000/- for the injuries sustained by him. The reply to the claim petition was filed and after recording the evidence, the Tribunal has awarded the total sum of Rs. 3,73,000/-. The certificate of permanent disability is available on record. The Tribunal believing the certificate of permanent disability recorded a finding as regard to the permanent disability to the extent of 100%.

(2.) As the incident occurred, negligence of driver of driving the offending vehicle, the issue of liability jointly and severally to pay compensation have been decided recording the findings in favour of the appellant by the Tribunal. None of those findings have been assailed at the instance of the respondents i.e. owner, driver or Insurance Company by filing the cross-appeal or the cross-objection, however it is not necessary to narrate the entire facts in detail to burden the judgment on the said issues. It is only the inadequacy of the compensation which has been assailed, however the arguments in detail have been considered in succeeding paragraphs.

(3.) Ms. Meena Singhal, learned Counsel representing the appellants contends that the injured at the time of accident was 45 years or age and the earning so accepted by the Tribunal is inadequate and the multiplier so applied is also inappropriate. However, it is submitted that the compensation so awarded by the Tribunal in other heads are also inappropriate i.e. pain and sufferings, transport conveyance, special diet, etc. and looking to the case of the amputation appropriate amount of award may be awarded. In view of the foregoing submissions, enhancement of the compensation so awarded by the Claims Tribunal is prayed for.