SHIVRAM Vs. NAGENDRA SINGH

JUDGEMENT

(1.) ASSAILING the award dated 21.03.2007 passed by the 2nd Additional Motor Accident Claims Tribunal, Gwalior, in Claim Case No.111/2005 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 21.05.2004 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.6,00,000/ - 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.10,486/ -.

(3.) LEARNED counsel representing the appellant contends that the injuries sustained by the appellant were grievous in nature. It is also submitted that on account of grievous injuries, the injured sustained permanent disablement, however the Tribunal has committed an error in not recording the said finding. He could not have performed the work properly during or after the treatment, and earn the means which he was earning prior to the accident. He further submits that the compensation awarded by the learned Tribunal is inadequate, without looking to the permanent disablement or the grievous injuries sustained, hospitalization, medical bills and the loss of earning during treatment and future loss of earning. In view of the foregoing submissions, the enhancement of the compensation so awarded by the Tribunal has been prayed for.