SUSHIL KUMAR AGRAWAL Vs. BHANWAR SINGH

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') has been preferred for enhancement of the award by the claimant-appellant against judgment dated 8th January, 1999, passed by the learned Judge, Motor Accident Claims and Rajasthan State Co-operative Tribunal, Jaipur, (for short "the Tribunal") whereby a sum of Rs. 48,000 was awarded to the injured.

(2.) On 18th October, 1998 at about 6.15 p.m. the claimant-appellant was going on his scooter from Baees Godam to his house Jawahar Nagar and he near Ram Bagh dashed by the offending vehicle car R.S.T. 1024 and sustained injuries on left wrist and was found disability by 6%. Learned Counsel has argued that the learned Tribunal has awarded the compensation on lower side and failed to notice that the appellant was a person of 23 years of age and on account of the said disability, he is handicapped.

(3.) Learned Counsel submits that the learned Tribunal has failed to award the adequate compensation in view of the injuries sustained by the injured in his left wrist resulting 6% disability. Learned Counsel for the appellant/claimant further submits that the learned Tribunal has erred in awarding the compensation without considering the various factors based on concept of pecuniary and non-pecuniary damages as delineated by the Hon'ble Supreme Court in R.D. Hattangadi v. M/s. Pest Control (India) Pvt. Ltd. & Ors., 1995 1 ACC 281.