GURDAS Vs. STATE OF H.P. AND ORS.

JUDGEMENT

(1.) THIS is claimant's appeal for enhancement of compensation. The injured -claimant had brought a claim petition under section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') seeking compensation for the injuries he suffered in a road side accident that took place on 29.10.2005 in a sum of Rs. 15,00,000/ -. It is claimed that the claimant was running a business in shoes at Haryal, Tehsil Pathankot in the name and style of M/s. Sarangal Boot House and he was earning Rs. 15,000/ - per month. He has suffered injuries in the accident on account of which he has suffered permanent disability.

(2.) THE claim petition is resisted by the respondents. They have denied the aforesaid averments of the claimant and have denied the occupation of the claimant. They have also denied the claimant to be entitled to Rs. 15,00,000/ - as compensation.

(3.) LEARNED counsel for the appellant has contended that the appellant, who had suffered 100% permanent disability, had remained hospitalized for 1 -1/2 months. According to him, learned Tribunal has allowed him compensation for medical expenses and the disability and has not assessed any amount in the name of pain and suffering, loss of future enjoyment of life, expenses on special diet, transportation and attendant. He has further submitted that even on the disability aspect, the amount awarded is too less. According to him, it is 100% disability and even if on the age -old principle of Rs. 2000/ - for 1% disability, the compensation for disability would be Rs. 2,00,000/ -.