JAIPAL Vs. NEW INDIA ASSURANCE CO. LTD

JUDGEMENT

(1.) ORDER 1. This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act by the claimant against an award dated 30.4.2004, passed by learned I Motor Accident Claims Tribunal, Khargone in Claim Case No. 4/2002. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 4,36,400 with interest to the claimant by way of compensation for the injury which he sustained in an accident. According to claimant i.e., appellant herein, the compensation awarded is on lower side and hence, need to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimant has filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in the compensation awarded and if so to what extent?

(2.) HEARD Mr. Sameer Verma, learned Counsel for appellant and Mr. H.G. Shukla, learned Counsel for respondent No. 1, Insurance Company.

(3.) AS observed supra it is a injury case, Jaipal the claimant aged around 30 years and cleaner by occupation suffered injury in a road accident that occurred on 27.7.2001. He suffered fracture in his collar bone and clavical bone. He also suffered head injury. Due to these injuries which were serious in nature he went in coma. The claimant then received extensive medical treatment but he eventually suffered paralysis in his whole body. He is completely bed ridden and cannot even walk. It is thus a case where injury is worst than the death. There are no chances of any recovery. This was duly certified by the doctors which according to them has caused 100% disability to claimant.