DILIP MISHRA Vs. KAPTAN SINGH GOUD

JUDGEMENT

(1.) ASSAILING the award dated 7/3/2009 passed by the Second Additional Motor Accident Claims Tribunal, Morena in Claim Case No.46/2007 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 11.2.2006 in which he sustained the injuries.

(2.) THE appellant had filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 before the claims tribunal seeking compensation to the tune of Rs.46,05,000/- for the injuries sustained by him. The reply to the claim petition was filed and after recording the evidence, the claims tribunal has awarded total sum of Rs.1,53,800/- as compensation.

(3.) LEARNED counsel representing the appellant contends that it is not in dispute that injuries received by the the appellant in the earlier accident and on account of injuries sustained by him in subsequent accident, he remained hospitalized in the Hospital at Gwalior and at Bombay and had spent Rs.3,00,000/- towards medical expenses as it is clear from the findings of the claims tribunal, but without assigning any cogent reasons the claims tribunal deducted 60% expenses and only awarded 40% of medical expenses out of Rs.3,00,000/- The appellant is still undergoing for the treatment. In such circumstances, the medical expenses as incurred by the appellant may be awarded as the appellant has suffered permanent disability while the claims tribunal granted compensation on lower side. In view of the foregoing submissions, the enhancement of the compensation so awarded by the claims tribunal has been prayed for.