ARJUN SINGH Vs. FAGLU RAM AND OTHERS

JUDGEMENT

(1.) This civil misc. appeal has been filed by the appellant for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Sirohi (hereinafter referred to as "the tribunal" ) vide judgment dated 8.5.2007 in MACT Original No.39/2006 whereby the tribunal has awarded a compensation of Rs. 1,14,000/- to the appellant along with interest at the rate of 7.5% from the date of filing of the claim petition.

(2.) Learned counsel for the appellant has fairly conceded that so far as the challenge of the appellant to the computation of compensation under the heads of loss of income, expenses of attendants and medical expenses etc. are concerned, the same has not much merit, however, it is argued that the compensation awarded under the head of pain and suffering and mental agony in respect of injury of the ear is concerned, the same is inadequate.

(3.) Learned counsel for the appellant has argued that as per the injury report as well as the documents related to the treatment of the injury related to the ear is concerned, it is clear that the right ear of the appellant was pierced and his face has been disfigured and on account of that the appellant will have to suffer for whole of his life. He argued that despite the said fact that the right year of the appellant has permanently been damaged and disfigured, the tribunal has awarded only Rs.43,000/- under the head of sufferings and pain and mental agony. He argued that the said amount under the head of sufferings and pain and mental agony is liable to be suitably enhanced.