LAXMAN LAL LATTA Vs. KAMLESH PARMAR

JUDGEMENT

(1.) The appellant/claimant, Laxman Lal Latta, has filed the present misc. appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 09.02.2016 passed by the learned Judge, Motor Accident Claims Tribunal, Dungarpur in M.A.C. Case No. 290/2013, whereby the learned Judge has awarded compensation to the appellant/claimant to the tune of Rs. 81,430/-, and prayed for enhancement of the compensation.

(2.) Brief facts of the case are that the appellant/claimant filed a claim petition under Section 166 of the Motor Vehicles Act before the Motor Accident Claims Tribunal, Dungapur claiming compensation for the injuries suffered by him in an accident, which was occurred on 30.04.2013. The claimant averred in the claim petition that the vehicle in question bearing registration No. RJ-12 GA 1049 was driven by respondent No. 1 rashly and negligently and caused accident. In the said accident, he sustained several injuries, which resulted into 15% permanent disability. It was the case of the appellant-claimant that at the time of accident, he was of 45 years age and was earning Rs. 27,570/- per month being employed as Constable in Police Department, therefore, adequate compensation towards loss of future income may be awarded to him.

(3.) The respondents Nos. 1 and 2 who are driver and owner of the offending vehicle respectively, did not file reply to the claim petition. The respondent No. 3-Insurance Company filed the reply denying the claim raised by the appellant-claimant.