LAWS(RAJ)-2009-8-391

ASHOK KUMAR Vs. RAMESH CHANDRA

Decided On August 27, 2009
ASHOK KUMAR Appellant
V/S
RAMESH CHANDRA Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THIS appeal has been preferred on behalf of injured -appellant for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Gangapur city vide judgment dt. 22.07.2000 whereby a sum of Rs. 57,600/ - was awarded by way of compensation for 2.5% disability caused on account of injuries sustained in the accident.

(3.) LEARNED Counsel for the appellant submits that injured was a bachelor and he sustained injuries on his face which resulted into disfiguration and he is facing difficulty in marriage and other prospects and has to undergo plastic surgery for which he has to incurr expenses of Rs. 1,00,000/ - and, as such, for pain and sufferings, a consolidated amount of Rs. 25000/ - has been awarded under the head of disability. It is also submitted that Rs. 25,000/ - awarded for disability is minimum amount under Section 140 of the M.V. Act as no fault liability in case of disability. Hence amount should be computed by taking his income as Rs. 100/ - per day commensurating with the percentage of disability under second schedule to the M.V. Act and the amount so arrived should be awarded over and above what has already been awarded by the Tribunal.