ANAND OJHA Vs. YASIN MOHAMMAD & OTHERS

JUDGEMENT

(1.) THE appellant, Mr. Anand Ojha has challenged the award dated 12.9.2005 passed by Additional District Judge (Fast Track) No.8, Kotputli, whereby the learned Judge has granted a compensation of Rs.1,14,980/ - to the appellant for the injuries suffered by him in a vehicular accident.

(2.) THE brief facts of the case are that on 7.1.2003 the appellant and his friend, Sanjeev Kumar Punia, were travelling in a Maruti Car from Jaipur to Kota. Around 8:00 PM, while they were on the national highway No.12, suddenly a truck, bearing registration No.RPJ -2739, being driven rashly and negligently, came and collided with the car. Consequently, both the appellant and his friend sustained grievous injuries. Therefore, they filed a claim petition before the learned Tribunal. Learned Tribunal, on the basis of evidence on record, passed the award as mentioned hereinabove.

(3.) MR . Ritwik Dave, the learned counsel for appellant, has vehemently contended that the learned Judge has failed to consider the correct income of the appellant. Therefore, he has mis -calculated the loss of income suffered by the appellant. Secondly that the learned Judge has failed to pay any compensation in the non -pecuniary category of his mental and physical pain. Therefore, the award deserves to be interfered with.