SAIED AALAM Vs. HARJEET SINGH AND ORS.

JUDGEMENT

(1.) THIS Misc. Appeal filed by the claimant -Said Aalam is arising out of the judgment and award dated 15.06.2002 passed by the learned Judge, Motor Accident Claims Tribunal, Chittorgarh in MACT Case No. 220/2001 "Saied Aalam v. Harjeet Singh & Ors." by which, the learned Judge, MACT, Chittorgarh had allowed the claim petition filed by the claimant and allowed compensation of Rs. 5,18,000/ -. The claimant has filed the present misc. appeal seeking enhancement of the compensation awarded by the Tribunal.

(2.) THE present miscellaneous appeal has been filed by the claimant -Saied Aalam S/o Fateh Mohammed seeking enhancement of the amount of compensation awarded by the Tribunal by its judgment and award dated 15.06.2002 in MACT Case No. 220/2001. The total compensation awarded by the Tribunal for the injuries suffered by the claimant -Saied Aalam was Rs. 5,18,000/ -. The award is said to have been satisfied by the respondent -National Insurance Company, New Delhi.

(3.) TODAY , the learned counsel Mr. Abhinav Jain appearing for the appellant -claimant has filed an application (IA No. 2633/2015) under Order 41 Rule 27 of the Code of Civil Procedure seeking to adduce additional medical evidence. According to the application, as per the medical advice, the claimant Saied Aalam is now required to undergo further surgeries and skin grafting for which, as per the report of Dr. Devashree Chhaparwal, MS Orthopaedics (Mumbai), Orthopaedic Surgeon of Mewar Hospital Pvt. Ltd., Udaipur along with Dr. Manish Chhaparwal, M.S. Orthopaedic (Mumbai), the approximate cost for such surgeries now to be done on the body of the claimants comes to Rs. 8,00,000/ -. The learned counsel also urged that the learned Tribunal has applied the multiplier of 12 as against the multiplier of 16. In support of this contention, the learned counsel has relied upon a decision of the Hon'ble Supreme Court in the case of Sarla Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr. reported in : (2009) 6 SCC 121.