SAMAD MOHAMMAD @ SAMAR Vs. VIJAY SINGH & OTHERS

JUDGEMENT

(1.) Assailing the award dated 13-08-2009 passed by the Motor Accident Claims Tribunal Gwalior in Claim Case No. 21/2009 on the point of inadequacy of the compensation, the injured appellant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 for an accident took place on 13-12-2008 in which he sustained injuries.

(2.) The appellant had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs.5,60,000/- for the injuries sustained by him. The reply to the claim petition was filed and after recording the evidence, the Tribunal has awarded the total sum of Rs.85,550/-. The certificate of permanent disability (Ex.A-7) is available on record. The Tribunal believing the certificate of permanent disability recorded a finding as regard to the permanent disability to the extent of 50% but directed to pay the compensation in lump-sum.

(3.) As the incident occurred, negligence of driver of driving the offending vehicle, the issue of liability jointly and severally to pay compensation have been decided recording the findings in favour of the appellant by the Tribunal. None of those findings have been assailed at the instance of the respondents i.e. owner, driver or insurance company by filing the cross-appeal or the cross-objection, however it is not necessary to narrate the entire facts in detail to burden the judgment on the said issues. It is only the inadequacy of the compensation which has been assailed, however the arguments in detail have been considered in succeeding paragraphs.