KUNAL SAIN Vs. AMIT BHARDWAJ

JUDGEMENT

(1.) This appeal for enhancement of compensation is directed against the judgment and award dtd. 29/1/2018 passed by the Motor Accident Claims Tribunal No. 2, Jaipur(for short 'the tribunal'), whereby, the tribunal awarded a sum of Rs.50,426.00 as compensation along with interest @ 7.5% per annum from the date of filing of the claim petition.

(2.) Learned counsel for the appellant has submitted that the appellant was aged about 12 years at the time of accident and had suffered serious injuries. As per the permanent disability certificate, the appellant had suffered permanent physical disability to the extent of 16.87%. The tribunal awarded compensation to the tune of Rs.50,426.00 only. The same is required to be enhanced. Learned counsel for the appellant has placed reliance on the judgment of the Hon'ble Supreme Court in Kumari Kiran through her father Harinarayan v. Sajjan Singh and Ors. reported in 2015 (1) R.A.R. 87 (SC)

(3.) On the other hand, learned counsel for the respondent No. 3-Insurance Company has opposed the appeal and submitted that the sufficient compensation has already been awarded by the tribunal. The permanent disability suffered by the appellant was not qua his whole body.