KALSANG MINGER Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) By means of this appeal the claimant seeks enhancement of compensation.

(2.) The undisputed facts of the case are that the claimant is 19 years of age. On 29.10.2002 he was traveling in the ill-fated vehicle bearing registration No.HP-01-1879 which met with an accident. It is not disputed that the claimant suffered a fracture in the arm and the leg. He remained admitted in the hospital at Shimla for about one month. He filed a petition for grant of compensation under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahr. In this petition, it was alleged that the claimant was working as a carpenter earning Rs.250/- per day. The learned Tribunal did not accept this version. It held that the claimant was a labourer earning Rs.70/- per day. The learned Tribunal awarded Rs.20,000/- on account of medical expenses, Rs.5,000/- on account of attendant charges, Rs.8400/- for four months lay off, Rs.10,000/-for mental pain and suffering and Rs.1,20,000/- on account of loss of future income. A total award of Rs.1,63,400/- was passed in favour of the claimant. Not satisfied with this award, the claimant has filed the present appeal.

(3.) I have heard Ms.Vidushi Sharma, learned vice counsel for the claimant and Ms.Devyani Sharma, learned counsel for the Insurance Company.