MUKESH Vs. AMAR CHAND AND ORS.

JUDGEMENT

(1.) THE present Misc. Appeal has been filed by the appellant, who was the claimant before the Tribunal, against the judgment and award dated 19.03.2015 passed by the learned Motor Accident Claims Tribunal No. 2, Udaipur, by which, while partly allowing the claim application of the appellant -claimant, the learned Tribunal awarded compensation in the sum of Rs. 89,200/ - in favour of the claimant for the injuries suffered by him in the accident in question on 02.06.2013. This appeal has been preferred by the appellant -claimant seeking enhancement of the amount of compensation, as awarded by the Tribunal.

(2.) THE brief facts of the case are that the appellant -claimant had filed the claim application aforesaid seeking compensation for the injuries suffered by him with the averments that in the evening of 02.06.2013, the claimant Mukesh S/o Nathuji Meena was going to Barapal Market for bringing the household items, at around 7:30 p.m., when he was walking on Service Road, a car having registration number RJ -27 UB -2394 coming from Udaiur side being driven rashly and negligently by its driver, i.e., the non -claimant No. 1 - Amar Chand S/o Dalichand Choudhary, hit the claimant; and as a result of this accident, the claimant suffered serious injuries. It was also averred that the aforesaid vehicle was insured with the non -claimant No. 2 - National Insurance Company Ltd., therefore, the same is liable for payment of compensation.

(3.) THE learned Tribunal had assessed the compensation to be awarded in favour of the claimant in the manner that it allowed Rs. 60,000/ - towards medical expenditure, Rs. 12,000/ - for the mental agony, Rs. 9,000/ - for the loss of income for two months and while citing the decision in the case of Rajkumar Vs. Abhaykumar reported in, 2001 R.A.R. 86 SC, the Tribunal had believed 10% disability in the working capacity of the claimant and thus, adopted the multiplier of 18 for assessing the loss of income. At the same time, the Tribunal had also noted the fact of receiving Rs. 1,00,000/ - by the claimant on account of medical expenditure from the respondent No. 1, driver and owner of the offending vehicle in question. Thus, while taking total Rs. 1,89,200/ - as total compensation and after deducting Rs. 1,00,000/ - already received by the claimant, the Tribunal had awarded Rs. 89,200/ - to the claimant. By way of filing the present Misc. Appeal, the appellant -claimant seeks enhancement in the amount of compensation, as awarded by the Tribunal.