HAREKRISHNA SARKAR Vs. PRAMODE RANJAN DEB; DIVISIONAL MANAGER

JUDGEMENT

(1.) This appeal by the claimant has been filed for enhancement of compensation.

(2.) Briefly stated the facts of the case are that the claimant filed the claim petition under Section 166 of the Motor Vehicles Act (M.V. Act) alleging that on 14.06.2003 at about 4.00 p.m. he was standing on the side of the road. At that time, a jeep bearing registration No. TR-01-3136 came from Teliamura side and dashed against the appellant. He sustained injuries on both his legs. The claimant was taken to the hospital and was discharged from the hospital on 15.09.2003. It was also alleged that he was again admitted hospital on 10.11.2003 and discharged on 22.11.2003. For the third time, the claimant was admitted in hospital on 26.08.2004 and discharged on 13.09.2004. It is alleged that the claimant was a labourer.

(3.) The insurance company and the owner contested the award. The learned Tribunal after contest held that the claimant was entitled to Rs.1,14,000/- as compensation along with interest @ 9% per annum from the date of restoration of the claim petition on 21.11.2006 till the date of payment. Thereafter, the claimant also filed a Review Petition claiming that he had obtained a disability certificate after the award had been announced and that should be taken into consideration and the award be enhanced.