LAWS(RAJ)-2011-1-203

ISRAEL Vs. IBRAHIM KHAN AND ORS.

Decided On January 03, 2011
ISRAEL Appellant
V/S
Ibrahim Khan And Ors. Respondents

JUDGEMENT

(1.) - Aggrieved by the award dated 20.01.2010 passed by the Motor Accident Claims Tribunal, Ajmer (hereinafter referred to as "the learned Tribunal"), whereby the learned Tribunal has awarded a compensation of Rs.6,80,500/- along with the interest at the rate of 6% per annum, the appellant has still approached this Court.

(2.) The brief facts of the case are that the claimant filed a claim petition before the learned Tribunal stating therein that on 28.04.2009, at about 1:30 PM, while he was going on a motorcycle, near Chorsiya was bus-stand, a mini bus, bearing No.RJ-01-P-1931, driven in rash and negligent manner, hit the motorcycle. Due to the said accident, the appellant suffered grave injuries. Subsequently, he became permanently disabled to the extent of 80%. The respondents denied the averments made in the claim petition. After going through the oral and documentary evidence, the learned Tribunal has awarded a compensation to the claimant as aforementioned. Still the appellant has approached this Court.

(3.) The learned counsel for the appellant has vehemently contended that the said amount is on the lower side: considering the fact that at the time of the accident, the appellant was a young man of twenty years, who has lost his right leg, considering the fact that throughout his life, periodically he would need to get his artificial leg changed, the compensation is too little. Secondly, considering the fact that he was working as a tailor, he would not be able to stich the clothes, as he is physically challenged from his leg.