ABBAS Vs. HAMID AND OTHERS

JUDGEMENT

(1.) THIS is an appeal brought by the claimant for enhancement of compensation. The claimant brought a claim petition under section 166 of the Motor Vehicles Act, 1988 seeking compensation for the injuries he suffered in a roadside accident that took place on 3.7.2010. The claim petition has been allowed by learned Motor Accidents Claims Tribunal [Fast Track Court], Nuh, District Mewat (for short, "the Tribunal") vide award dated 29.02.2012 in a sum of Rs. 75,000/ -. Since the point involved in the appeal is adequacy of compensation, the facts are not required to be noticed in detail. The claimant suffered serious injuries including fracture of right thigh bone in the accident. He has been 20 years of age at the time of accident and he was a driver by profession having an income of Rs. 5,000/ - per month. He has spent a sum of Rs. 1,00,000/ - in his treatment and has prayed for compensation in a sum of Rs. 5.00 lacs.

(2.) THE respondents have controverted the averments of the claim petition. They have denied the accident and injuries claimed to be suffered by the claimant.

(3.) LEARNED counsel for the appellant has contended that nothing has been awarded by the Tribunal in the name of pain and suffering, special diet, attendant charges, transportation charges, loss of income during treatment and for loss of income on account of the disability. According to him, the appellant has been a driver by profession and this disability is functional disability in his case. According to him, Dr. Sanjeev Kumar appeared as PW -2 to prove the disability and according to him, the disability has been permanent.