SANTOSH Vs. STATE OF M P

JUDGEMENT

(1.) IT is alleged that the applicants have looted silver ornaments (Kadiyan) of the complainant, when she was sleeping. But the submission of learned pounsel for the applicants is that from the first information report and from the statement of the complainant before police recorded under section 161 of CrPC, it is clear that even the complainant was not sure that the applicants have looted her ornaments. Nothing has been seized from the applicants. It is submitted that the applicants have been falsely implicated. The applicants are in custody since 21.3.2005 and after investigation, challan has been filed. The disposal of the case is likely to take time. It is an injury case sustained by the claimant, aged 40 years in car accident on 2.2.1999. The injury was in his right leg which got fractured. Due to this injury, he was hospitalized 3 times and underwent operations. It the opinion of doctor, Dr. N.K. Gupta (PW 3), claimant suffered in his leg what is called in medical terminology 'Osteoporosis' in his fibula bone in leg due to which 35% disability of permanent nature resulted in leg. The claimant filed claim petition against owner, driver and Insurance Company of the offending vehicle. He also led evidence. On contest, the Tribunal by impugned award, awarded a total sum of Rs. 70,000/- by way of compensation to the claimant. It is against this award the claimant has filed this appeal seeking enhancement in the compensation awarded by the Tribunal. According to claimant, what is awarded by the Tribunal is on lower side and hence, need to be enhanced. So the question that arises for consideration in this appeal is, whether any case for enhancement is made out in the compensation already awarded by the Tribunal and if so, to what extent?