SANJAY AGGARWAL Vs. RAMSWROOP SHARMA & ORS

JUDGEMENT

(1.) Instant appeal by the claimant-appellant u/Sec. 173 of the Motor Vehicles Act, 1988 is directed against the order dt.20/09/2007 passed by the Motor Accident Claims Tribunal, Jaipur (Fast Track No.6) in Case No.758/2006 whereby only a compensation to the tune of Rs.30,400/- has been allowed in his favour.

(2.) It is claimed that on 10/07/2005, when the appellant was getting the goods unloaded from Auto Rickshaw bearing No.RJ-14-1-G-1042, at that time one Jeep bearing No.RJ-01-G-4974, which was coming from Ajmer Road, Jaipur and which was being driven by its driver in a high speed, in a rash and negligent manner, hit the appellant due to which he sustained injuries. Claim Petition came to be filed before the Tribunal claiming compensation to the tune of Rs.15,00,000/-. However, the Tribunal, after considering the material on record, allowed compensation to the tune of Rs.30,400/- which according to the appellant being on lower side, the present appeal has been preferred for enhancement of the compensation.

(3.) Counsel for the appellant contended that the claim, which has been allowed by the Tribunal, is without considering the material on record, particularly, the medical certificate which showed permanent disability to the extent to 4.68% and so also the fact that there was not only permanent disability caused but the appellant also suffered other injures and the appellant has not been able to work properly, even till today as there was serious injury on his leg. He contended that allowing lump sum amount of Rs.30,400/- is without any basis and without taking into consideration the pains and sufferings etc and the compensation is required to be suitably enhanced taking into consideration income, proper multiplier and other factors.