RAJENDRA KUMAR Vs. UDAI PRAKASH

JUDGEMENT

(1.) This appeal is by the claimant appellant for enhancement of the amount of award awarded by XII Addl. M.A.C.T., Indore in M.V. Case No. 200 of 1999 whereby the appellant for his permanent injuries said to have been caused to him in a road motor accident, has been awarded a sum of Rs. 3,78,000.

(2.) We have perused the evidence of Dr. Dakvale, PW 6, examined on behalf of the appellant. We have also perused evidence of PW 3 Rajendra. From their evidence, it is clearly established that appellant has been rendered incapable of performing any duties. It is a matter of record that appellant has suffered paralysis on account of the said accident which he would have to carry on till he is alive. It has also come on record that he has been removed from his job after this accident. At the time of accident, he was aged 48 years and was working as Manager in a transport company and was earning Rs. 5,000 per month.

(3.) Looking to the facts and feature of the case, we find that the amount awarded is on a lower side. The same deserves to be enhanced to a lump sum amount of Rs. 5,00,000 (rupees five lakh only). The difference amount of Rs. 1,22,000 would carry interest at the rate of 9 per cent per annum from the date of the application till it is paid. The impugned award is, therefore, modified to the extent mentioned above.