PYARELAL Vs. ABDUL WAHID & ORS

JUDGEMENT

(1.) Instant civil misc. appeal has been filed by the claimant-appellant under Section 173 of the Motor Vehicles Act, 1988 for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Sikar vide award dt. 11/03/2015 in MAC Case No.177/2013, whereby, the claimant-appellant has been awarded compensation of Rs.10,62,900/- only.

(2.) The admitted facts are that on 20/02/2012 at about 7.30 PM in the evening, while the claimant-appellant was going on Motorcycle bearing No.RJ-23-SG-5800 to his home at village Katrathal on Sikar Navalgarh route through Dadia and when he reached at Gumana Ka Bas, then a Tavera Jeep bearing No.RJ-18-UA-1711 which was coming from Sikar and whose driver was driving it in a high speed, in a rash & negligent manner, came and hit the Motorcycle of the claimant-appellant, as a result of which the claimant-appellant was seriously injured and his Motorcycle also got damaged and then the persons, who were present on the spot, admitted him in Kalyan Hospital, Sikar. It was claimed that due to the said accident, his right leg got completely damaged and his left hand also got amputated and injuries were sustained on various parts of the body. FIR to this came to be lodged in the concerned police station and the police, after investigation, submitted challan against driver of the offending vehicle. He submitted claim petition before the Tribunal and the Tribunal, after analyzing the material and evidence available on record and taking note of the grievous injuries sustained by him, allowed a claim to the extent of Rs.10,62,900/-.

(3.) Counsel for the claimant-appellant contended that the permanent physical disability is 100% in as much as more than seven operations had to be conducted on the body of the claimant-appellant and his right leg was amputated, left hand also got seriously injured and even hand of the appellant stood shortened as the bone had to be removed and the claimant-appellant became totally disabled. He contended that the claimant-appellant was hail and hearty man of 35 years of age and was doing agricultural operations and was also performing the job of driving on part time basis. He contended that the Tribunal has not allowed just and fair compensation and particularly, the income adopted is less when income of Rs.6,000/- per month, which can be said to be normal, was pleaded. He further contended that towards loss of amenities, pains & sufferings, marital prospectus, future medical expenses and artificial limb, no amount has been allowed or if allowed, has not been allowed appropriately and contended that taking into consideration, the judgments rendered by the Hon'ble Apex Court in the case of Sanjay Kumar Vs. Ashok Kumar and Another, 2014 1 TAC 727 and of Karnataka High Court in the case of V.Kishore Verma Vs. Navani Chandran and Another,2013 2 TAC 855, a further amount at least to the extent of Rs.10 lac is required to be enhanced.