BALBIR SHARMA Vs. YOGENDRA SINGH

JUDGEMENT

(1.) HEARD learned counsel for the appellant.

(2.) DISSATISFIED with the amount of compensation awarded by the Motor Accident Claims Tribunal, Jaipur City, Jaipur (hereinafter referred to as the "learned Tribunal") with a prayer to enhance the same, the claimant -appellant has filed this Civil Misc. Appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "Act") against the judgment and award dated 26.10.1999 passed by the learned Tribunal in Claim Case No. 892/1998.

(3.) THE brief relevant facts for the disposal of this appeal are that the appellant filed a claim petition before the learned Tribunal on 3.11.1998 claiming compensation to the tune of Rs. 11,05,000/ - on account of injuries sustained by him with the averment that when he was going from Jodhpur to Jaisalmer in a Jeep bearing Registration No. RJ -14 -T -1921, the driver of the jeep was driving the jeep negligently and rashly and as a result of which it dashed with another jeep coming from the opposite side and in the said accident the appellant sustained several simple and grievous injuries. On the basis of pleadings of the parties, the learned Tribunal framed necessary issues and the question of quantum of compensation to be awarded to the claimant -appellant was considered under Issue No. 4 and after taking into consideration the disability caused to the appellant, injuries sustained by him, his income at the time of the said accident and also looking to the evidence available on record, the learned Tribunal awarded the aforesaid amount under various heads. It was specifically found by the learned Tribunal that as a result of the injuries sustained by the appellant there is no loss of future income, as the appellant is still working in the same position in which he was working before the accident occurred.