MOHAMMED FAEEM Vs. ABDUL NAEEM AND OTHERS

JUDGEMENT

(1.) Challenge in this appeal under Sec. 173(1) of the Motor Vehicles Act, 1988 is made to an award dated 21st Dec., 2011, passed by the 8th Additional Motor Accident Claims Tribunal, Bhopal in the matter of awarding compensation to the appellant for the injuries sustained in an accident.

(2.) It is the case of the appellant that he was working as a conductor in a Bus. He was earning a monthly salary of Rs. 6000.00. On 25th Feb., 2010, around 6.00 in the evening, he had come with his brother to Vidisha in connection with some work and when he was standing near Idgah Square, Near Manohar Cinema, Vidisha waiting for a bus to go back to his place, a Bus bearing registration No.MP-04-HB-9149 driven by respondent No. 1 in a rash and negligent manner, belonging to respondent No. 2 and insured with respondent No.3 came and dashed against the appellant as a result he suffered fracture on his left hand. He was admitted to the hospital and underwent treatment in the hospital from 27th Feb., 2010 to 23rd March, 2010. His ailment was diagnosed as compound fracture and after conducting certain operation, a plate was implanted in his hand. Claiming compensation of Rs. 14,25,000.00 on account of the aforesaid, claim petition was filed and the Tribunal having allowed the claim to the tune of Rs. 41,000.00 on various counts, this appeal has been filed for enhancement.

(3.) Leaned Counsel for the appellant inviting my attention to a certificate of disability - Annexure P/7-C issued by Medical Board, Bhopal and argued that in this certificate the disability of the appellant is assessed at 40%. Inspite thereof, compensation for the disability has not been granted. That apart, it is stated that the appellant was a conduetor and ignoring his salary, meagre amount of Rs. 3,000.00 per month is assessed as his salary. It is said that this is on the lower side. That apart, on account of personal injury, pain and injury and for an attendant the amount paid is less and, therefore, compensation be enhanced.