RAJESH KUMAR Vs. RAM SINGH

JUDGEMENT

(1.) HEARD on LA. No. 2453/03. This is an application for dispensing with service of notice of appeal on respondents No. 1 and 2. On due consideration, application is allowed. Service of notice of appeal on respondents 1 and 2 is accordingly dispensed with. With consent, arguments heard. This appeal has been filed against composite award passed by Tribunal on 30.4.2002. By impugned award, Tribunal decided number of claim cases including Claim Case No. 82/2000 filed by appellant, claiming compensation for injuries sustained by him in a road accident.

(2.) ON 7.6.1997 appellant, along with family members, was travelling in Maruti Car bearing registration No. MP-09-HA-7987. They were going from Indore to Nasik. Car was being driven by Sandeep, nephew of appellant. After they had crossed Malegaon, truck bearing registration No. MP-23-DA-2489, came from opposite direction and dashed against Car.

(3.) LEARNED counsel for appellant submitted that Tribunal has not awarded compensation towards medical expenses incurred and proved by appellant. Learned counsel for appellant also submitted that looking to the nature and extent of injuries sustained by appellant in the accident, amount awarded towards pain and suffering is also on lower side. Learned counsel for appellant also submitted that appellant is a Income Tax Payee businessman and in view of permanent disability sustained by him, there is a loss of future income also and no amount of compensation has been awarded for losses, therefore, learned counsel for appellant submitted, amount of compensation deserves to be enhanced. On the other hand, learned counsel appearing for respondent Insurance Company submitted that looking to the nature and extent of injuries, amount awarded by Tribunal is just and proper.