JEEVRAJ SINGH Vs. BHANWAR LAL

JUDGEMENT

(1.) THIS appeal is directed against judgment and Award dated 9.4.1997 passed by the Motor Accident Claims Tribunal, Rajsamand (for short 'the Tribunal'), by which the Tribunal awarded compensation of Rs. 1,65,000/ - and Rs. 35,000/ - as consolidated interest in favour of appellant - claimant (for short 'the claimant') and against the respondents No. 1 and 2. Aggrieved and feeling dissatisfied by the quantum of compensation awarded by the Tribunal, the claimant has filed the instant appeal seeking enhancement of compensation.

(2.) I have heard learned counsel for the parties and perused the judgment and award impugned. I have also carefully gone through the record of the Tribunal.

(3.) THE only point for consideration is: what should be the compensation, keeping in view the nature of the injuries which resulted in a permanent disablement as the injuries resulted in total paralysis of lower limbs of the claimant. From the evidence produced by the claimant, it has been established that the fracture of spinal cord resulted in paraplegia. Thus, from the medical evidence, as also from the statement of the claimant, it is established that the injuries sustained by the claimant resulted in total and permanent disablement of his lower limbs. The Tribunal, on appreciation of ocular as well as medical evidence, held that the injuries suffered by the claimant resulted in permanent disablement to the extent of 85%.