BHOLA SINGH Vs. DEEPAK SHARMA AND ANOTHER

JUDGEMENT

(1.) THIS is claimant's appeal for enhancement of compensation awarded to him by learned Motor Accidents Claims Tribunal, [Fast Track Court], Sirsa (for short, "the Tribunal") vide award dated 4.1.2011 in a sum of Rs. 1,03,069/ - with interest at the rate of 9% from the date of filing of the claim petition till the date of realization thereof, for the injuries suffered by him in a roadside accident that took place on 1.2.2009. Bhola Singh was going on 1.2.2009 at about 4.00 PM on his scooter bearing registration No. HR -24C -6356. He was hit by an Alto car bearing registration No. HR -24J -5874 driven by respondent No. 1 in a rash and negligent manner. After hitting the scooter of the claimant, the Alto car had struck against a tree. The claimant was taken to General Hospital, Sirsa. He was an agriculturist having 1 -1/2 acres of land and he used to cultivate other land by taking the same on lease and was earning more than Rs. 10,000/ - per month.

(2.) THE respondents have controverted the averments of the claim petition. They have denied the accident to have occurred in the manner alleged by the claimant. The claimant is also denied to be entitled to compensation in a sum of 5.00 lacs.

(3.) LEARNED counsel for the appellant has contended that the income of the claimant is taken by the Tribunal at Rs. 3,600/ - per month. According to him, this amount has been taken on a lower side. He has submitted that the claimant was doing agricultural work on his own land and on the land taken by him on lease and was having the income of Rs. 10,000/ - per month. He has further submitted that learned Tribunal has not awarded a single penny in the name of expenses incurred in the treatment without obtaining bills. He has further submitted that a sum of Rs. 10,000/ - for pain and suffering, special diet and hospitalization is also on lower side. According to him, loss of income during treatment during which he did not work at all and loss of future enjoyment of life as well as expenses on attendant and transportation charges are also not given by the Tribunal.