GULSHAN KUMAR Vs. HARDEEP SINGH AND OTHERS

JUDGEMENT

(1.) THIS is an appeal by claimant, Gulshan Kumar for enhancement of compensation. The claimant brought a claim petition under the provisions of section 166 of the Motor Vehicles Act, 1988 seeking compensation in a sum of Rs. 10.00 lacs for the injuries he suffered in a roadside accident that took place on 20.4.2008. Learned Motor Accidents Claims Tribunal, Hisar (for short, "the Tribunal") vide award dated 11.12.2010 allowed the claim petition and awarded a sum of Rs. 2,73,000/ - as compensation in favour of the claimant. Since the point involved in the appeal is about adequacy of compensation, the facts are not required to be noticed in detail. Gulshan Kumar was taken to Sarvodya Hospital, Hisar after the accident and therefrom he was referred to Sir Ganga Ram Hospital, New Delhi where he remained as an indoor patient from 21.4.2008 to 30.4.2008. It is claimed that he further remained hospitalized at City Hospital, Delhi from 3.5.2008 to 10.5.2008 and spent a sum of Rs. 2,60,000/ - in his treatment. He is also claimed to have suffered 25% permanent disability qua the right lower limb.

(2.) THE respondents have controverted the aforesaid averments of the claim petition. It is claimed that the claimant does not deserve a sum of Rs. 10.00 lacs as compensation.

(3.) LEARNED counsel for the appellant has contended that learned Tribunal has not assessed any amount towards loss of future enjoyment of life. He has further submitted that the compensation assessed for disability is also on a lower side.