RAKESH KUMAR Vs. MUKESH KUMAR AND OTHERS

JUDGEMENT

(1.) THIS is an appeal brought by the claimant for enhancement of compensation awarded to him by learned Motor Accidents Claims Tribunal, Rewari (for short, "the Tribunal") vide award dated 3.3.2011 in a sum of Rs. 1,77,675/ -. The claim petition had been brought under section 166 of the Motor Vehicles Act, 1988 (for short, "the Act") seeking compensation in a sum of Rs. 12,00,000/ - for the injuries he has suffered in a roadside accident that took place on 15.9.2009. The claimant has claimed himself to be aged 21 years at the time of accident. According to him, he was working with Indian Oil Corporation and was earning Rs. 10,000/ - per month. According to him, he was also an agriculturist. He has further submitted that he was firstly taken to General Hospital, Mohindergarh and from there, he was taken to Birendra Hospital, Rewari where he remained hospitalized from 15.9.2009 to 11.10.2009. He has claimed a sum of Rs. 59,854/ - in his treatment at the hospital, a sum of Rs. 10,000/ - on conveyance and a sum of Rs. 20,000/ - towards special diet.

(2.) THE aforesaid averments of the claimant have been controverted by the respondents. They have denied the claimant to be entitled to Rs. 12.00 lacs as compensation. Framing issues and taking evidence of the parties, learned Tribunal assessed the compensation in the following manner: -

(3.) LEARNED counsel for the appellant has submitted that the appellant suffered disability to the extent of 26% on account of post traumatic mild stiffness of left knee and ankle with amputation of left first and second toe with partial loss of stability. According to him, the claimant is a young boy of the age of 21 years and the amount assessed as compensation is on a very lower side.