MAHAVEER Vs. MAHAVEER VAISHNOV & OTHERS

JUDGEMENT

(1.) Not satisfied with the quantum of compensation awarded by the learned Tribunal and with a prayer to make suitable enhancement in the same, the claimant-appellant has filed this Civil Misc. Appeal under Section 173 of the Motor Vehicle Act, 1988 (hereinafter to be referred as "the Act") against the judgment and award dated 9.11.2004 passed by the Judge, Motor Accident Claims Tribunal, Bundi in Claim Case No.162/2002. By way of the aforesaid award, the learned Tribunal has awarded a sum of Rs. 2,99,000/- as compensation with interest @ 6% per annum from the date of filing of the claim petition till its realisation.

(2.) Brief relevant facts for the disposal of this appeal are that the claimant-appellant sustained several injuries in a road accident which took place on 28.4.2002 involving a vehicle (Jeep) bearing registration No.RJ-20-P-2738 which at the time of accident was being driven by the respondent No.1 rashly and negligently. As a result of injuries sustained by the appellant, his right leg was amputated. The claimant-appellant filed claim petition under Section 166 of the Act claiming a sum of Rs. 33,48,000/- as compensation under various heads. The respondent-Insurance Company filed reply and averred that the amount of compensation claimed by the appellant is unreasonable and excessive. On the basis of pleadings of the parties, necessary issues were framed by the Tribunal and the question of quantum of compensation to be awarded to the appellant was considered under Issue No.3. On the basis of evidence available on record and taking into consideration the fact that the right leg of the appellant was amputated above his knee following amounts were awarded under different heads:- <FRM>JUDGEMENT_186_LAWS(RAJ)10_2014.html</FRM>

(3.) In this manner a total sum of Rs. 2,99,000 with interest was awarded by the Tribunal.