RAKESH KUMAR YOGI Vs. SANJAY @ CHHEETARMAL AND ORS

JUDGEMENT

(1.) The present appeal has been filed by the appellant/claimant under Section 173 of Motor Vehicles Act, 1988 seeking enhancement of the compensation awarded by the M.A.C.T., Jaipur (hereinafter referred to as 'the Tribunal'), whereby the Tribunal has awarded Rs.45,000/- with interest @ 6% per annum, from the date of filing of the claim petition till realization for the injuries sustained by the appellant in the alleged accident.

(2.) In the instant case, it appears that the claim petition was filed by the appellant/claimant alleging inter-alia that on 1/3/2007, the appellant was travelling in the bus bearing registration No.RJ-14-PA-3997 for going to the school, and the said bus turned turtle, on account of rash and negligent driving of the respondent No.1. It was also alleged that as a result of the said accident, the appellant sustained injuries, and therefore, was entitled to the compensation, as prayed for in the petition. The said petition was resisted by the respondent No.1-Driver, and the respondent No.2-Owner of the bus by filing joint reply, and by the respondent No.3-Insurance Company by filing separate reply denying the allegations and averments made in the claim petition. The Tribunal, after appreciating the evidence on record, has awarded Rs.40,000/- for the pain, shock, and suffering caused to the appellant, on account of the injuries, and partial disablement and Rs.5,000/- towards special diet, and in all Rs.45,000/- with interest, as stated hereinabove.

(3.) It has been sought to be submitted by the learned counsel Mr. Sandeep Mathur for the appellant that considering the injuries and disability sustained by the appellant, the amount awarded by the Tribunal is too meager and deserves to be enhanced suitably. He also submitted that as a a result of the injuries, the appellant is required to wear color neck, and is also facing difficulties in his routine work.