JAGPRASAD Vs. KALURAM

JUDGEMENT

(1.) This appeal under Section 173 of Motor Vehicles Act, 1988 has been preferred by the appellant-claimant for enhancement of compensation awarded by 16th Member Motor Accidents Claims Tribunal, Indore, District Indore in Claim Case No.34/2016 vide award dated 26.09.2017.

(2.) Facts relevant and necessary for disposal of this appeal lie in narrow compass: On 11.01.2012 at about 7.30 p.m., appellant while going to his home reached near Kushwah Nagar on his bicycle, the offending vehicle bearing registration No.MP-09-LM-2048 driven by respondent No.1 negligently and rashly dashed, as a result, appellant sustained multiple injuries. The appellant has received injuries of urinary track, as a result, the bladder damaged.

(3.) Learned counsel for the appellant taking exception to the impugned award contends that the amount awarded was not proper under the head 'injuries' as the appellant could not earn money during the period under treatment, he being a man of 30 years at the time of accident. Therefore, the tribunal, in all fairness, ought to have awarded just amount of compensation to the appellant. Therefore, the award deserves to be set aside and prayed for enhancement of the amount of compensation.