RAMESHWAR DHIWAR Vs. BHARAT LAL SOORYAVANHI

JUDGEMENT

(1.) The present appeal under Section 173 of the Motor Vehicles Act has been filed by the claimant seeking enhancement of compensation against the award dated 27.10.2015 passed by the 8th Additional Motor Accident Claims Tribunal, Bilaspur (in short, the Tribunal) in Claim Case No.397/2015. Vide the said impugned award, the Tribunal in an amputation case has awarded a compensation of Rs.7,11,700/- to the claimant along with interest @ 6 percent per annum from the date of application. In addition, there was also penal interest of 7.5 percent, in case, the award amount is not deposited within stipulated period.

(2.) Counsel for the appellant-claimant submits that the amount of compensation awarded by the Tribunal is unreasonably low taking into consideration the nature of injuries suffered and the treatment which has been incurred by the appellant. According to appellant, it is a case where the right leg of the appellant had been amputated below knee and as such he has been rendered with total loss of earning capacity and the amount of compensation should had been accordingly assessed by the Tribunal. Further, the monthly income assessed by the Tribunal is also on the lower side taking into consideration the period of accident. In addition, the compensation awarded towards pain and suffering and transportation also is unreasonably low keeping in view the fact that it is a case of amputation of the right leg. It was also contended that no compensation has been paid for affixing of an artificial limb which would be necessary for the appellant or else he would not be able to move around independently without assistance of an attendant. Thus, prayed for amount to be suitably enhanced.

(3.) The counsel for the insurance company, however opposing the appeal submits that the award seems to be fair and reasonable and there is no scope of interference. Therefore, the appeal does not have any merit and the same deserves to be rejected.