VIKRAM SINGH @ VICCKY Vs. DHIRAJ & ORS

JUDGEMENT

(1.) Instant appeal u/s 173 of the Motor Vehicle Act, 1988 has been filed by the claimant-appellant seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Baran vide award dt.26/09/2013 passed in Claim Case No.156/2009 by which compensation to the tune of Rs.1,80,000/- has been awarded to the claimant-appellant.

(2.) Brief facts noticed are that on 22/01/2009, the claimant-appellant (Vikram Singh @ Viccky), who is said to be aged about 8 years and was going with his father on Hero Honda Motorcycle to their village, then at about 7.00 pm in the evening, on Kota Baran road, after village Barkheda on four lane, one Indica Car, bearing No.RJ-20-CA-6792, whose driver Dheeraj was driving the Car in high speed, in a rash and negligent manner, came from the side of Bamuliya and hit the Motorcycle consequent thereto all the persons sitting in the vehicle, got seriously injured and in particular the claimant-appellant (Vikram Singh @ Viccky), aged about 8 years, also sustained various injuries and several fractures in the body. The Tribunal, after analyzing the material on record, allowed compensation to the tune of rs.1,80,000/- to the claimant-appellant which is assailed herein.

(3.) Counsel for the appellant contended that looking to the tender age of 8 years, the claimant-appellant got seriously injured and there was serious injury on the legs and the Medical Board assessed permanent disability upto 41%. He further contended that taking into consideration 41% disability, the amount allowed at Rs.1,80,000/- is virtually denying the claim and the Hon'ble Apex Court time and again has opined that just and proper compensation is to be allowed in the case under the Motor Vehicle Act. He further contended that the claim allowed on other factors is also low and contended that though the appellant may be a child but the claim ought to have been allowed taking into consideration the income, multiplier and other factors and claim of rs.1,80,000/- is unjust and needs to be enhanced appropriately. He relied upon judgment rendered by the Hon'ble Apex Court in the case of Master Mallikarjun Vs. Divisional Manager, the National Insurance Co. Ltd. & Anr,2014 RAR 45 as also in the case of Swatantra Kumar Vs. Qamar Ali and other,1999 1 TAC 413 and contended that the matter requires consideration and adequate claim deserves to be allowed.