BHAWARLAL Vs. PRAHLAD MEENA

JUDGEMENT

(1.) THIS is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act by the claimant against an award dated 22.3.2004, passed by learned Motor Accident Claims Tribunal, Rajgarh in Claim Case No. 78/2002. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 80,000 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 a 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. Manoj Saxena, learned Counsel for appellant and Mr. R.N. Dave, learned Counsel for respondent No. 2.

(3.) AS observed supra it is a injury case. Bhawarlal the claimant aged around 25 years and labourer by profession suffered injury in a road accident that occurred on 25.2.2002. He suffered fracture in his left leg. This was duly certified by the doctors which according to him resulted in 40% disability to him in his left leg as due to injury, the claimant is finding difficult in doing his day-to-day work freely. There is also some shortening in leg.