SACHIN NEMA Vs. PRADEEP PATEL

JUDGEMENT

(1.) This miscellaneous appeal is filed under Sec. 173(1) of Motor Vehicle Act, 1988 being aggrieved of award dtd. 30/9/2022 passed by 25th Motor Accident Claims Tribunal, Jabalpur in MACC No.3901/2019, for enhancement of compensation.

(2.) Learned counsel for the appellant submitted that on 22/06/2019 at about 08:30 P.M., when appellant along with his friend was going by walking to Jarjola Hanuman Temple and as they reached in front of Lodhi Samajal Samudaik Bhavan, at the same time, the Respondent No.1 by driving motorcycle bearing No. MP-49-MP-0709 coming from back side dashed the appellant, due to which, he was grievously injured and received number of injuries on his body parts, immediately after accident he was taken to the Hospital. The information regarding accident has been given to police station Kotwali, Distt. Narshingpur and the same has been registered with Crime No. 443/19 against the respondent no.1.

(3.) It is further submitted that learned Claims Tribunal has only considered 25% permanent disability, whereas as per disability certificate Ex. P-20 he sustained 80% permanent disability and at the time of accident he was working as Clothes Hawking and after the accident he is unable to earn his livelihood, therefore, amount need to be enhanced. Learned Claims Tribunal applied multiplier of 16 as per Sarla Verma Vs Delhi Transport Corporation judgment finding as given at para 27 of the award amount which is not correct and multiplier of 18 will be applied. Claims Tribunal has only awarded Rs.20,000.00 on the head of special died. Learned Claims Tribunal did not award any amount for lifetime helper to the appellant because due to this accident, he is unable to perform his daily works as well as without help he did not move and walk. In these circumstances, he made a prayer to enhance Rs.10,00,000.00 in awarded amount i.e. Rs.8,20,900.00.