KANA RAM Vs. SURESH ACHARYA & ORS

JUDGEMENT

(1.) The appellant-claimant has preferred this appeal under Section 173 of the Motor Vehicles Act 1988 (for short, 'the Act of 1988'), for enhancement of quantum of compensation awarded by the learned Motor Accident Claims Tribunal-I, Jodhpur. The learned Motor Accident Tribunal, while adjudicating the claim by the impugned award dated 26th of June 2013, has recorded finding on Issue No.1 in favour of the appellant and concluded that the accident has occurred due to rash and negligent driving of the offending vehicle by the first respondent.

(2.) Adverting to the third issue regarding quantum of compensation, the learned Tribunal has considered the injuries suffered by the appellant, and the medical expenditure, which he has incurred during convalescence, on the medicines for his treatment. The learned Tribunal has concluded in clear and unequivocal terms that as a result of the accident and the injuries suffered by the appellant, no permanent disability has occasioned to the appellant. Analyzing the entire evidence and other materials on record, the learned Tribunal has quantified the compensation to the tune of Rs.94,822/-.

(3.) The learned counsel for the appellant has argued that amount of compensation assessed by the learned Tribunal is inadequate, and therefore, the amount of compensation is liable to be enhanced. Mr. Kailash Khileree, learned counsel for the appellant, has contended that looking to the age of the appellant, the learned Tribunal ought to have awarded a reasonable compensation, and by not doing so, the learned Tribunal has committed grave and serious error. The appellant has also assailed the award on the ground that interest has been awarded @ 8.5% per annum from the date of institution of the claim petition and not from the date of accident, and therefore, this part of the award is liable to be interfered with.