GOVINDRAM PRAJAPATI Vs. GIRRAJ SINGH

JUDGEMENT

(1.) Having been dissatisfied with the Award dated 30th April 2004 in Claim Case No. 46/2004 passed by the Tenth Additional Member of the Motor Accident Claims Tribunal Gwalior (M.P.), this appeal under Section 173 of the Motor Vehicles Act 1988 has been preferred by the claimant/appellant, seeking enhancement of the amount of compensation to the extent of Rs. 1,00,000/-.

(2.) Admitted facts of the case are that on 25th August 2002, the injured/claimant was travelling in a bus driven by respondent No.1, owned by the State Road Transport Corporation from Bhind to Gwalior. He was sitting on the seat by the window side, just behind the conductor's seat.

(3.) The submission put forth on behalf of the appellant is that the learned tribunal awarded the claim in all heads on lower side, hence, same is liable to be enhanced up to the limit of Rs. 1,00,000/-. It is pointed out that the learned tribunal has awarded Rs. 15,000/- under head of medical expenses which being on lower side is required to be enhanced up to Rs. 20,000/-. It is further submitted that due to injury caused, the claimant could not earn for four months, so he suffered loss of his regular income during the period of treatment. Considering this, loss of income during period of treatment should be enhanced to Rs. 30,000/-. So also the amount of compensation awarded against pain and suffering and trauma should be enhanced up to Rs. 20,000/-. The compensation of Rs. 30,000/- against transportation charges from hospitals to home including nursing charges and special diet further deserves to be awarded. Apart from above, the rate of interest on awarded compensation, according to the claimant should also be enhanced like the bank rate on the deposits, which was payable by the Nationalized Banks to their depositors and was prevailing at the time of award. On the basis of these arguments, it is prayed that by allowing the appeal, the Award under appeal may be enhanced up to limit of Rs. 1,00,000/- against the respondents, on the basis of joint and several liability.