MADAN LAL Vs. JASMAIL SINGH AND ANOTHER

JUDGEMENT

(1.) The appeal is filed for enhancement of compensation granted to the appellant on account of injuries sustained by him in the motor vehicle accident on 1.7.2011. Compensation was assessed at Rs.5,51,200/- but the amount awarded by the Tribunal was Rs.2,04,850/- as an amount of Rs.3,46,372/- was deducted on account of reimbursement made by the Government.

(2.) Learned counsel for the appellant assailed the award on the ground that the amount awarded for pain and suffering was very much on the lower side. The injured remained admitted in the hospital for 23 days, had received head injury and also had post operation complications. Since the injury was on the head, no disability could be assessed as such by any medical board but the nature of the head injury should have been taken into account by the Tribunal, besides injuries received on the other parts of the body. Learned counsel for the Insurance Company, however, argued that adequate amount was awarded under all heads by the Tribunal, breakup of which was given in para 32 of the award.

(3.) Learned counsel for the appellant then argued that amount of Rs.16,000/- given for loss of income was also inadequate and so was the amount of Rs.20,000/- cumulatively awarded for special diet, attendant and transportation.