ROHIT SONI Vs. MAHENDRA KUMAR KUMAWAT AND ORS.

JUDGEMENT

(1.) - This Misc. Appeal Under Sec. 173 of the Motor Vehicles Act, 1988 has been filed against the judgment/award dated 15.4.2013 passed by Addl. District Judge No.15, Jaipur Metropolitan, Jaipur & Judge, MACT, Jaipur in MAC Case No. 71/2012 (1227/2010) for enhancement of compensation.

(2.) The short facts giving rise to this appeal are that appellant suffered serious injuries in the motor accident which occurred on 28.1.2010 when he was going on Activa Scooter No. RJ-14-48M-5216 at 7.30 AM while he was crossing Bhawani Niketan School, near Chomu Circle Bus No. RJ-14-PA-8606 came from opposite direction hit the appellant. The claimant suffered grievous injuries, he was immediately shifted to hospital. He preferred a claim petition but only a meager amount has been awarded, hence this appeal.

(3.) The contention of the present appellant is that he was non earning member, hence his loss for income should be assessed on notional basis. Meager amount has been awarded for pain and suffering. No amount has been assessed for transport charges and attendant, loss of future income should also be assessed. Per contra, the contention of the respondents is that admittedly appellant was a student not having any income, hence the court below has rightly not awarded any amount for loss of income and no interference is needed.