KAILASH CHANDRA PURI Vs. NIRANJAN PANDA

JUDGEMENT

(1.) The claimant has filed this appeal for enhancement of the cocpensation amount.

(2.) IT is not disputed that the claimant sustained injury on account of an accident caused by Scooter bearing registration number OSU 4838 belonging to present respondent No. 1. It is also undisputed that the said Scooter was being driven by present respondent No. 2. The Tribunal has awarded a sum of Rs. 40,000/ - as compensation to be paid by present respondent No. 2, who was driving the Scooter in question. The said respondent No. 2 has filed a Cross -Objection challenging the basis of liability on the ground of want of negligence on his part. The quantum of compensation is also challenged. He has further claimed that the compensation, if any, should be paid by respondent No. 1, as admittedly the Scooter was owned by respondent No. 1 on the date of the accident. - -

(3.) THE claimant has filed the appeal claiming higher compensation and respondent No. 2 has filed Cross -Objection stating that the amount payable should be reduced. On perusal of the award as well as the materials on record, I do not see any reason to interfere with the quantum of compensation assessed by the Tribunal. Law is well settled that the quantum by the Tribunal should not be interfered with by the appellate Court unless the said quantum is excessively high or excessively low. In the present case, the assessment is based on the evidence of the doctor as well as Discharge Certificate and other materials on record. By no stretch of imagination, the assessment can be characterised as excessively low or excessively high and as such I do not accept the claim for either enhancing the compensation or reducing the same.