BEERA RAM Vs. PRAKASH SINGH

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment and award dated 8.6.1999 passed by the Motor Accident Claims Tribunal -I, Jodhpur (hereinafter referred to as 'the learned Tribunal') in MAC Case No.183/92 (386/95) whereby the learned Tribunal has awarded a compensation of Rs.3,60,000/ - to the claimant in respect of injury sustained by him in an accident took place on 13.4.1992 at Nagaur Road, Jodhpur. This appeal has been preferred by the appellant -claimant for enhancement of award.

(2.) BRIEF facts of the case are that the appellant - claimant filed a claim petition before the learned Tribunal while alleging that on 13.4.1992, when he was travelling in a trolley of tractor No.RR1 2648 on the Nagaur Road, Jodhpur, a Truck No.PBE 4500 driven by respondent No.1 ­ Prakash Singh coming from Nagaur side dashed tractor trolley from rear side and on account of which he sustained several injuries. It was claimed that the appellant -claimant remained under treatment in connection with the injuries sustained by him for a long time and, therefore, a compensation to the tune of Rs.10,05,000/ - was claimed by the appellant. The claim petition was contested by the respondent -insurance company with whom, the Truck No.PBE 4500 was insured.

(3.) THE learned counsel for the appellant has argued that on account of injuries sustained by him in the accident, the appellant suffered permanent disability of 57% and the learned Tribunal has awarded compensation of Rs.1,00,000/ - only against the said permanent disability and said amount is not adequate looking to the percentage of permanent disability. The learned counsel for the appellant has also argued that the learned Tribunal has not awarded adequate compensation under the head of pain and suffering and very meager amount of Rs.50,000/ - is awarded by the learned Tribunal whereas the appellant suffered great agony for more than 3 years and till today he required constant treatment in respect of the injuries sustained by him in the accident.