SURESH KUMAR Vs. DEEPAK & ANOTHER

JUDGEMENT

(1.) Feeling dissatisfied with the impugned Award dated 2nd March, 2006 passed by the Fourth Additional MACT, Shivpuri in a Claim Case No.158/05, present appeal has been filed by the appellant.

(2.) The facts, in brief, are that on 17th April 2005, at about 8 p.m., in front of Radhe Hotel at A-B road, while the appellant alongwith his son was going back towards his residence, he met with an accident with Tempo bearing registration No. MP08/F-9017, owned and driven by respondent No. 1, which was insured comprehensively with the Insurance Company (Respondent No.2). The F.I.R. of the accident was lodged and crime was registered. The injured was medically examined and after investigation, the charge-sheet was filed. The claim petition seeking compensation for the injuries to the tune of Rs. 2,00,000/- was filed. After considering the facts and the evidence so adduced by the parties, the learned tribunal awarded compensation of Rs. 5,000/- under all heads. Being aggrieved, the appellant has come up in this appeal for enhancement of the same.

(3.) The contention put forth on behalf of the claimant/appellant is that the learned tribunal without considering the evidence awarded compensation, which is on lower side. It is submitted that the injuries sustained by the claimant resulted in functional disability and the loss of earning capacity and, therefore, the learned tribunal ought to have considered this aspect of the matter before passing the impugned Award. On the basis of the above submissions, it is prayed that by allowing the appeal, the amount of compensation may be enhanced.