NAVAL SINGH Vs. GEETABAI

JUDGEMENT

(1.) - This is an appeal filed by the claimant under section 173 of the motor Vehicles Act against an award dated 29. 3. 2004 passed by Eleventh Additional motor Accidents Claims Tribunal, Indore in Claim Case No. 298 of 2001. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 3,87,500 with interest to the claimant by way of compensation for the injury which he sustained in an accident. According to the claimant, i. e. , appellant herein, the compensation awarded is on lower side and hence, needs 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.) IT is not necessary to narrate the entire facts in detail, such as how the accident had occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation, etc. It is for the reason that firstly all these findings are recorded in favour of the claimant by the tribunal. Secondly, none of these findings though recorded in claimant's favour are under challenge at the instance of any of the respondents such as owner/driver or insurance company either by way of cross-appeal or cross-objection. In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues.

(3.) THE learned counsel for the appellant submits that appellant was aged 35 years and was driver of heavy motor vehicle at the time of accident, which took place on 18. 5. 2000. It is submitted that appellant sustained grievous injuries in right leg. It is submitted that appellant was hospitalised from 18. 5. 2000 to 6. 6. 2000 at Rajeev Gandhi Hospital, Bangalore and thereafter appellant was hospitalised from 11. 6. 2000 to 28. 9. 2000 in Verma Union Hospital at indore. It is submitted that appellant was operated 7-8 times and ultimately the right leg of the appellant was amputated above knee. It is submitted that learned Tribunal has awarded a sum of Rs. 3,87,401, which was rounded up as Rs. 3,87,500, break-up of which is as under: towards medical expenses Rs. 1,41,401 towards permanent disability Rs. 2,16,000 towards pain and suffering Rs. 5,000 towards loss of income Rs. 25,000