GOPAL LAL Vs. BHANWAR LAL

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THIS appeal has been preferred on behalf of injured -appellant Gopal Lal for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dt. 24.02.1996 whereby a sum of Rs. 1,01,500/ - was awarded by way of compensation for 50% disability caused on account of injuries sustained in the accident.

(3.) LEARNED Counsel for the appellant submits that the learned Tribunal has awarded compensation by way of lump sum while the amount deserves to be computed by adopting second schedule to the M.V. Act to be the guideline commensurating with the percentage of disability. It is also submitted that on account of serious injuries on head and on body, the injured sustained paralysis attack and sustained disability in both hands and legs to the extent of 50% and thereby he has been rendered jobless. It is also submitted that injured is a young bachelor and he has to face mental pain and agony and has to carry on his disability through out his life and his social life has been curtailed and he has to face social indignation and, as such, sufficient amount deserves to be awarded for mental pain and agony. It is further submitted that multiplier as per latest judgment of Hon'ble apex Court reported in : 2009(6) SCC 121 (Sarla Verma and Anr. v. DTC and Ors.) may be adopted.