BHAGABAN MALLIK Vs. KRISHNA KUMAR SHARMA

JUDGEMENT

(1.) THIS appeal has been filed by the claimant against judgment dated 22.9.1999 passed by the Second Motor Accident Claims Tribunal, Cuttack in Misc.Case No.380 of 1989 awarding compensation of Rs.60,000/ - with interest @ 9% per annum on the aforesaid sum from the date of filing of the claim petition i.e., 20.4.1989 till payment as the appellant is aggrieved for non -award of just and reasonable compensation, urging various facts and legal contentions.

(2.) IT is not necessary to advert to the facts of the case for the reason that the awarded amount has been satisfied by the insurance company. Therefore, the legal contention urged by the appellant, is required to be examined in this appeal. Hence, the grounds urged in this appeal, are adverted to in this judgment.

(3.) THE first ground urged is that the award has to be made under different heads which has not been done in this case. It is further contended that the compensation awarded is too meager in view of the total loss of vision of the right eye and partial loss of vision of the left eye up to 80% of the appellant. That apart, the other grievous injuries, namely, fracture of two ribs and fracture of right clavicle were not taken into consideration and proper assessment of percentage of disability in terms of Schedule I of the Workmen's Compensation Act, 1923 by the doctor with regard to the injury sustained in a motor accident by the appellant, was not made. Therefore, compensation is required to be enhanced. It is further contended that the Tribunal has not awarded compensation under the heads of pain and suffering loss of amenities, medical expenses, transport allowance, attendant and nutritious food charges and assistance service required to be taken by him throughout his life. Therefore, the claimants have approached this Court with a request to award just and reasonable compensation.