BABULAL Vs. SHEIKH RAHEEM

JUDGEMENT

(1.) THIS is an appeal by claimant against an award dated 30-7-2002, passed by learned Additional Member, Motor Accidents Claims Tribunal, Khargone, in Claim Case No. 122 of 2001, whereby he has been awarded a sum of Rs. 2300/- towards the injuries and expenses incurred by him consequent upon the injuries that he has suffered. He is not satisfied with what is awarded to him by the Claims Tribunal and has come up in appeal under Section 173 of the Motor Vehicles Act for claiming more compensation. So the question that arises for consideration in this appeal is, whether any case for enhancement is made out and if so, to what extent ?

(2.) HEARD Shri P. M. Jain, learned Counsel for the appellant.

(3.) THE case of the claimant is dealt with in Paragraph 31 of the impugned award which decides several other claim petitions because all these claim petitions arose out of the same accident in which claimant was also involved. It was held on the basis of the evidence adduced by the parties that the claimant in this case was in hospital only for two days and has been awarded a sum of Rs. 1250/- towards his medical expenses. It was further taken note of by the learned Member of the Tribunal that claimant did not examine any doctor to support his case or the nature of the injuries and resultant loss suffered by him. Taking into account all facts and circumstances of the case, the learned Member of the Tribunal found that a sum of Rs. 2300/- is sufficient for the injuries, pain and suffering that the claimant has suffered in the accident.