DHAN BAHADUR Vs. ASHOK KUMAR AND OTHERS

JUDGEMENT

(1.) THIS is claimant's appeal for enhancement of compensation awarded to him in a sum of Rs. 50,000/ - by learned Motor Accidents Claims Tribunal, SAS Nagar, Mohali (for short, "the Tribunal") vide award dated 11.3.2011. Dhan Bahadur, the claimant sought compensation in a sum of Rs. 10.00 lakhs, by way of a claim petition under section 166 of the Motor Vehicles Act, 1988 (for short, "the Act") for the injuries he had suffered in a roadside accident that took place on 13.04.2009. Dhan Bahadur has claimed himself to be 39 years of age at the time of accident. He has claimed that he was working as a security guard in BCL, SCF No. 228, 2nd floor, Motor Market, Manimajra, U.T. Chandigarh and was earning Rs. 8,000/ - per month. On account of the accident, he suffered multiple injuries on vital organs of his body including head. He has spent a sum of Rs. 75,000/ - on his treatment, diet attendant and transportation expenses etc. He has claimed that he was still under treatment.

(2.) RESPONDENTS have denied the averments of the claim petition. They have denied the claimant to have suffered any injury or to have spent a sum of Rs. 75,000/ - in his treatment. They had denied the claimant to be entitled to Rs. 10.00 lakhs as compensation.

(3.) LEARNED counsel for the appellant has contended that the appellant remained hospitalized for 13 days. According to him, during that period of 13 days, he was operated upon and it cannot be believed that just after discharge from the hospital, he would have been fit to resume his duty. According to him, he must have taken 2 -3 months to regain fitness to resume duties and, therefore, the loss of income during that period is not compensated. He has further submitted that Rs. 12,500/ - could at the most be taken as compensation for pain and suffering, but it was unnecessarily held to include compensation under the other heads for which separate compensation should have been assessed.