TRILOK CHAND ANAND Vs. OM PRAKASH

JUDGEMENT

(1.) THIS is an appeal by the claimant against the award dated 23. 11. 1990, of the Motor Accidents Claims Tribunal, Gwalior, whereby the quantum of compensation awarded is sought to be enhanced.

(2.) THE facts briefly stated are: In a scooter accident which took place on 12. 1. 1987, the appellant suffered injury resulting in fracture of his tibia and fibula bones. This resulted in shortening of leg by 2 cm. He took medical treatment for a period of five months. Learned Member of the Claims Tribunal awarded him a sum of Rs. 20,000/- towards the disability caused to him by shortening of leg. Separate sum of Rs. 5,000/- to meet special diet and medicine expenses was awarded. Under the head of general damages a sum of Rs. 2,000/- was awarded for pain and suffering. In the manner aforesaid a total sum of Rs. 27,000/- was awarded by the Claims Tribunal.

(3.) LEARNED counsel appearing for the claimant in this appeal claims a sum of Rs. 1,00,000/ under the head of permanent disability and a sum of Rs. 10,000/- under the head of pain and suffering. Under the head of medical expenses a total claim made is Rs. 6,000/- apart from the above. Under the head of 5 months' loss of salary a sum of Rs. 8,500/- has been claimed. Reliance is placed on the decisions reported in State of Orissa v. Prafulla Kumar Satpathy 1989 ACJ 384 (Orissa), New India Assurance Co. Ltd. v. Ramchandra 1990 ACJ 206 (MP) and an unreported decision of this court in Misc. Appeal No. 25 of 1989; decided on 8. 4. 1994. Learned counsel appealing for the insurance company opposes the appeal and submits that the quantum determined by the Tribunal deserves to be confirmed, which is also supported by the decisions in Bhanwarlal v. Kabulsingh 1989 ACJ 189 (MP), Salauddin v. Raju 1990 (II) MPWN 45 and Bhagchand v. Kishanlal 1991 ACJ 1074 (MP ).