LAWS(RAJ)-2019-12-91

MOHAMMED HUSSAIN Vs. BALKISHAN

Decided On December 12, 2019
MOHAMMED HUSSAIN Appellant
V/S
BALKISHAN Respondents

JUDGEMENT

(1.) "This appeal for enhancement of compensation is directed against the judgment and award dated 16.1.2019 passed by the Motor Accident Claims Tribunal, Additional District and Sessions Judge No. 1, Koshangarh, District Ajmer (for short "the Tribunal "), whereby, the Tribunal awarded a sum of Rs.3,99,946/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition.

(2.) Learned Counsel for the appellant has submitted that amount of compensation granted by the Tribunal was on the lower side. The appellant was aged about 5 years at the time of accident which occurred on 24.10.2015. The appellant had suffered permanent physical disability to the extent of 60%. However, the Tribunal had only granted Rs.3,99,946/- which requires enhancement. In support of his arguments, learned Counsel has placed reliance on the judgment of Hon "ble Apex Court in Kumari Kiran Thr. her father Harinarayan Vs. Sajjan Singh and Ors., 2015(1) RAR 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.