DASHRATH SINGH Vs. SANJAY KUMAR SHARMA AND OTHERS

JUDGEMENT

(1.) Assailing the award dated 21.07.2009 passed by the Additional Motor Accident Claims Tribunal (Fast Track), Jora, in Claim Case No.70/2008 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 09.06.2007 in which he sustained injuries i.e. fracture of Tibia Fibula Bone of right leg, broken of four teeth, fractures of ribs etc.

(2.) The appellant had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs.33,40,000/- 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.79,080/-. The certificate of permanent disability (Ex.P-57) 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 12% in entire body and 50% in right leg 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. The cross-objection has been filed by the Insurance company praying therein that the impugned award may be set aside up to the extent against the cross objector, It is the inadequacy of the compensation which has been assailed, however the arguments in detail have been considered in succeeding paragraphs.