RAM CHANDRA GOYAL Vs. MOOL CHAND

JUDGEMENT

(1.) ON 26.5.1988 while returning back home on his scooter, the appellant, Dr. Ram Chandra Goyal was hit by a Truck. Consequently, he suffered multiple fractures specially of the knee and of the left leg. Resultantly, he suffered a disability to the extent of 14 per cent. The appellant filed a claim petition before the Motor Accident Claims Tribunal, Jaipur, wherein he claimed a condensation to the tune of Rs 1,62.000

(2.) IN order to substantiate his case, the appellant examined himself, along with three other witnesses. However, the respondent No. 3, the New India Assurance Company, did not examine any witness in its defence. The learned Tribunal formulated six issues. After going through the oral and documentary evidence, vide award dated 12.9.1994 the learned Tribunal awarded a compensation merely of Rs. 25,000 TO the claimant. Since the claimant is aggrieved by the said award, therefore, he has filed the present appeal before us.

(3.) ON the other hand, Mr. Vinod Tyagi, learned Counsel for the Insurance Company, has contended that the claimant has not produced any evidence to show that he was on leave for five months and was confined to bed during that period. Furthermore, he has argued that a lumpsum amount of Rs. 7,000 was paid, which included the compensation for the category of 'pain and agony'. Therefore, he has supported the impugned award.