LAWS(RAJ)-2008-2-154

RAJENDRA AJMERA Vs. RAHISH & OTHERS

Decided On February 29, 2008
Rajendra Ajmera Appellant
V/S
Rahish And Others Respondents

JUDGEMENT

(1.) This appeal has been filed by the appellant against the judgment dated 7th Nov., 1997 passed by the learned Judge, Motor Accident Claims Tribunal, Jaipur City, Jaipur for enhancement of quantum of compensation.

(2.) The appellant met with an accident on dated 27th July, 1993 at 9.15 a.m. in the morning while he was standing in front of the Agarwal College, Jaipur and awaiting for the Bus and was hit by the offending vehicle Tempo No. RJ-14 P 0177 causing grievous injuries i.e., fracture of right leg resulting in 10% disability.

(3.) Learned Counsel submits that the claimant was a broker in jewellery trade and used to earn Rs. 2,000.00 per month and was disabled adversely affecting his occupation for whole of life apart from undergoing mental and physical distress. Learned Counsel further submits that the learned Tribunal has failed to award the compensation on the basis of various factors of pecuniary and non-pecuniary damage as delineated by the Honourable Supreme Court in R.D. Hattangadi Vs. Pest Control (India) Pvt. Ltd. and Others, 1995 A.C.J. 366 .