HAKMUDDIN Vs. DIRECTOR, RSRTC AND ORS.

JUDGEMENT

(1.) This appeal has been filed by the claimant appellant against the judgment and award passed by the Tribunal. Brief facts of the case are that the claimant filed a claim petition before the Tribunal with regard to an accident, which is said to have taken place on 8.7.2001, in which the claimant appellant sustained injuries. Thereafter notices were issued; reply was filed; certain issues were framed and after hearing all the parties, the learned Tribunal passed the judgment and award dated 22.1.2008 decreeing an amount of Rs. 1,25,000/ - as compensation in favour of the claimant. Being dissatisfied with the aforesaid amount of compensation, the claimant filed S.B. Civil Misc. Appeal No. 335/2009 before this court. Likewise, the RSRTC also filed the SB Civil Misc. Appeal No. 1562/2009 before this Court challenging the judgment and award passed by the Tribunal. Both the aforesaid appeals were decided by this court vide judgment dated 8.9.2011 and the matter was remanded to the Tribunal with the direction to decide the matter afresh qua issue No. 4 after giving opportunity of hearing to both the parties and in the light of judgments, if any, to be cited by learned counsel for the parties. Pursuant thereto, the Tribunal has passed the impugned judgment and award dated 1.8.2012 decreeing an amount of Rs. 42,300/ - as compensation in favour of claimant Hakmuddin.

(2.) Being dissatisfied by the aforesaid judgment, the claimant has filed the aforesaid appeal.

(3.) Learned counsel for the appellant has contended that the Tribunal has failed to consider the mental and physical agony and pain and suffering sustained by the appellant due to the said accident. The Tribunal has also ignored the future prospects. The Tribunal has also overlooked oral as well as documentary evidence available on record. Hence, the impugned judgment and passed by the Tribunal should be modified.