SHAMIM AKTAR Vs. NARAYAN GAUDA

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 ('the Act') has been filed by the injured-claimant seeking enhancement of compensation for the injuries suffered by him. The Motor Accident Claims Tribunal, Rajsamand ('the Tribunal') by judgment and award dated 06.10.2001 awarded a sum of Rs.1,38,500/- as compensation alongwith interest @ 9% per annum from the date of filing application for compensation i.e. 24.04.1995.

(2.) UNDISPUTED facts which have been found by the the Tribunal and are not in question are that the claimant was travelling in the car being registration No.GRQ-111, which was being driven by one Naresh Bhai and while travelling from Ahmedabad to Ajmer, a luxury bus bearing registration No.APO2-Y-1449 being driven by respondent No.1 ­ Narayan Gauda collided with the car, resulting in death of the driver Naresh Bhai and injuries to all the passengers travelling in the car.

(3.) THE Tribunal, after going through the evidence led by the claimant, came to the conclusion that medical bills and payment receipts of Rs.28,120/- were produced by the claimant, no record was produced in support of the contention that the claimant remained admitted at Ahmedabad for 25 days. The disability certificate Exhibit-79 dated 31.10.1999 given by Dr.Apurva Shastri (AW-8), wherein, it was indicated that the claimant had suffered 18% disablement, was accepted by the Tribunal. The Tribunal awarded Rs.10,000/- towards seven simple injuries and the mental stress suffered by the claimant, Rs.30,000/- for fractures in femur, tibia and fibula, Rs.28,500/- towards medicines, Rs.10,000/- towards travelling to the hospital and nutritious diet and towards 18% disablement and its affect on his future income the appellant was awarded Rs.40,000/- and for loss of income for the period of his confinement on account of fractures suffered, he was awarded Rs.15,000/- alongwith cost of Rs.5,000/-. In all a sum of Rs.1,38,500/- was awarded alongwith interest as indicated hereinbefore. 4. Learned counsel for the appellant contended that the compensation awarded by the Tribunal for the serious injuries suffered by the appellant is highly inadequate and against the material available on record. It was submitted that the Tribunal has not taken into consideration the future prospects viz a viz the 18% permanent disablement suffered by him and has awarded highly inadequate compensation of Rs.40,000/- towards loss of future prospects. It was further submitted that adequate evidence was available on record, however, the same has not been properly appreciated.