ASHOK KUMAR GURJAR Vs. SANTOSH AHIRWAR

JUDGEMENT

(1.) CLAIMING enhancement of the compensation awarded to the appellant by the Third Additional Motor Accident Claims Tribunal, Gwalior in claim case No. 55 of 2005, the appellant/claimant has filed this appeal. Inter alia contending that for the injury sustained by the appellant i.e., fracture on his right leg and damage to his left leg knee cap, the appellant has undergone surgery and a rod was implanted in his leg, compensation of Rs. 25,000 (Rupees twenty-five thousand only) is on the lower side.

(2.) ON 3rd December, 2004 an accident took place when a dumper bearing registration No. MP-07 G-2625 collided head-on with a truck bearing registration No. UP 093 E 1490 near Gurdwara public road, Tekenpur, District Gwalior. In the said accident, claimant, Ashok Singh Gurjar who was travelling in the truck sustained injuries on his right leg and knee cap of the left leg. Because of the injuries sustained, the claimant/appellant was treated by Dr. Anupam Gupta (PW 4) in his private clinic and remained in hospital from 5th December, 2004 to 10th December, 2004, he was operated upon and was unable to carry out his routine work for more than six months. Claiming compensation of Rs. 2,50,000 (Rupees two lakh fifty thousand only), the claim petition was filed and by the impugned award to the tune of Rs. 25,000 (Rupees twenty-five thousand only) has been awarded.

(3.) LEARNED Counsel appearing for the Insurance Company refuted the aforesaid and argued as the learned Tribunal has granted adequate compensation to the appellant, no further enhancement in the award is called for.