VIKAS SHARMA Vs. SHUBHKARAN HARIJAN & ORS.

JUDGEMENT

(1.) THE present appeal has been filed under Section 173 of Motor Vehicles Act, 1988 by the appellant -claimant seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Chomu, Jaipur, District Jaipur (hereinafter referred to as "the Tribunal") in M.A.C. No. 295/2010, whereby the Tribunal has awarded compensation of Rs. 53,000/ - for the injuries sustained by the appellant in the alleged accident. In the instant case, it appears that on 10.02.2009 at about 08:45 p.m. the appellant alongwith his father was standing and waiting for crossing the road, in front of Dhamod hospital, and at that time a bus bearing No. RJ -18 -PA -0089 driven by the respondent No. 1 came from the Jaipur side, hit the claimant -appellant, as a result thereof, the appellant sustained injuries. The Tribunal considering the evidence on record, had awarded Rs. 24,300/ - toward the loss of future income assuming his annual income @ Rs. 15,000/ - per year and considering the disability to the extent of 13.50%. The Tribunal has further awarded Rs. 12,882/ - towards the mental agony and Rs. 14818/ - towards the medical expanses. Thus, the Tribunal in all had awarded Rs. 53,000/ - by way of compensation for the injuries sustained by the appellant with interest @ 7.5% from the date of claim petition, till realization.

(2.) THE learned counsel Mr. Sandeep Mathur appearing for the appellant, placing reliance on the decision of the Apex Court in the case of Laxmi Devi & others Versus Mohammad Tabbar and another, : 2008 ACJ 1488, submitted that the notional income of the appellant should have been taken by the Tribunal @ Rs. 3,000/ - per month i.e. Rs. 36,000/ - per annum. He also submitted that considering the permanent disability sustained by the appellant, the compensation awarded by the Tribunal is very less.