MANDORI Vs. SHIV LAL AND ORS.

JUDGEMENT

(1.) Instant civil misc. appeal has been filed by the claimant -appellant under Sec. 173 of the Motor Vehicles Act, 1988 for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Dausa vide award dt. 22/01/2003 in Claim Case No. 243/1999, whereby, the claimant -appellant has been awarded compensation of Rs. 76,000/ - only.

(2.) The undisputed facts are that the claimant -appellant, who was hail and healthy young man of 30 years, on 08/08/1998 at about 4 - 5 am in the morning, while going in a tractor from Bandikui to Rajgarh and when the tractor reached near Kolana, a bus of the respondent -Corporation, bearing No. RJ -02 -P -920, which was being driven by its driver in a rash and negligent manner, hit the tractor in which the appellant was sitting resulting in causing multiple fractures in his both hands and also sustaining injuries on various parts of the body and was admitted in SMS Hospital, Jaipur. An FIR to this effect came to be lodged in the concerned police station against driver of the respondent -corporation and the police, after investigation, filed charge -sheet in the competent court of jurisdiction. Claim petition came to be filed by the claimant -appellant before the Tribunal and the Tribunal, after considering all the facts and circumstances, awarded compensation to the tune of Rs. 76,000/ - which according to the claimant -appellant is on lower side and hence, instant appeal has been preferred for enhancement of compensation.

(3.) Counsel for the claimant -appellant submits that the amount allowed at Rs. 76,000/ - is virtually no amount as while the Tribunal accepts that the claimant -appellant, being vegetable vendor, had been earning income of Rs. 5,000/ - per month but it has ignored the multiplier factor and other factors when admittedly the disability certificate of the Govt. Hospital mentions the disability to the extent of 51.25%. Counsel submits that the amount is required to be enhanced in the light of the judgment of this Court as well as Hon'ble Apex Court rendered in the case of Rajesh and others v/s. Rajbir Sing hand others: : (2013) 9 SCC 54; Santosh Devi v/s. National Insurance Co. Ltd.: : (2012) ACJ 1428 (SC): Syed Sadiq Etc. v/s. Divisional Manager, United India Insurance Company: : (2014) 1 TAC 369 (SC); Sanjay Verma v/s. Haryana Roadwars: : (2014) 1 TAC 711 (SC) and G. Dhanasekar v/s. M.D. Metropolitan Transpor Corporation Ltd., SLP No. 35565 -35566, decided on 12/02/2014.. Counsel further submits that on account of serious disability caused to the claimant -appellant on account of negligence of the respondents, his entire life has been disturbed and he is unable to do anything from his hands and even is dependent upon others for his normal day -to -day routine works. He contended that the amount on mental agony, pains & sufferings, medical expenses, hospitalization etc. has been totally ignored by the Tribunal and a just and fair compensation is required to be allowed which has not been done and the order of the Tribunal deserves to be modified accordingly.