LAWS(P&H)-2016-5-331

ILLIYAS @ MOHD. ILLIYAS Vs. RAM NIWAS AND OTHERS

Decided On May 16, 2016
Illiyas @ Mohd. Illiyas Appellant
V/S
Ram Niwas and Others Respondents

JUDGEMENT

(1.) By way of this appeal, appellant-claimant Illiyas @ Mohd. Illiyas seeks enhancement of compensation awarded by learned Motor Accident Claims Tribunal, Nuh (for short, "the Tribunal") vide award dated 18.11.2013 passed in MACT Case No.303 of 2011, filed by him on account of injuries sustained in a vehicular accident on 28.03.2007.

(2.) The submissions made by Mr. Sanjeev Kumar Bawa, learned counsel for the appellant and Ms. Shamsher Kaur, learned counsel for respondent No.3 have been heard and record perused.

(3.) Learned counsel for the appellant argued that the appellant sustained fracture of right tibia and fibula and became disabled to the extent of 40%. He was a driver by profession and due to the permanent disability suffered by him, he has become unfit for working as such. He remained hospitalized for a long time and spent approximately Rs. 1,50,000.00 on his treatment, transportation and special diet etc. He suffered loss of income during the period of hospitalization and follow up treatment and spent good amount on his transportation, nutritious diet etc., but learned Tribunal failed to compensate him adequately and only a nominal amount of Rs. 30,000.00 was allowed to him as compensation.