BANWARI SINGH GURJAR Vs. MAGH SINGH

JUDGEMENT

(1.) THIS appeal by claimant is directed for enhancement of compensation awarded by the Additional Motor Accident Claims Tribunal, Gwalior in claim case No. 118/2004 by award dated 16/4/2005. By the aforesaid award, an amount of Rs. 19,500/ - has been awarded to the appellant/claimant alongwith 6% interest from the date of filing of claim petition i.e. 5/7/2004 till realization of the amount.

(2.) THIS appeal has been filed on the ground that the amount awarded by the Tribunal is meager, as the permanent disability caused to the appellant due to the accident has resulted in precarious financial condition of his family, since he lone was the bread earner in the family. It is submitted that the appellant was a labour, however, due to the injuries sustained by him in the accident, now he is unable to perform any work much less earn for livelihood.

(3.) THERE is no dispute between the parties that due to rash and negligent driving of the offending vehicle, it dashed the tractor, on which appellant/claimant was travelling, due to which claimant sustained injuries. The vehicle was fully insured and no condition of the policy is found to have been violated.