SUKHLAL Vs. SUCCHASINGH

JUDGEMENT

(1.) This is an appeal filed by the appellant under section 173 of the Motor Vehicles Act against the award dated 26.3.2004 passed by the learned Second Member, Motor Accidents Claims Tribunal, Indore in Claim Case No. 119 of 2001. By filing this appeal the claimant wants enhancement in the compensation awarded by the learned Member of the Tribunal, as according to the claimant it is on lower side. So, the question that arises for consideration in this appeal is whether any case for further enhancement in the compensation is made out, than what has been actually awarded by the Tribunal to the claimant and if so to what extent?

(2.) Heard Mr. Sameer Verma, learned counsel for the appellant and Mr. V.P. Khare, learned counsel for the respondent insurance company.

(3.) This is an injury case. The claimant (appellant herein), aged about 65 years, was engaged in some business activity, sustained injury in a motor road accident on 9.5.2000. This led to filing of claim petition, out of which this appeal arises for claiming compensation for the injuries sustained by claimant. On being noticed, the driver/owner and the insurance company contested the matter. In the opinion of the learned Member of the Tribunal, claimant was held entitled to claim compensation amounting to Rs. 65,000 for the injuries sustained by him. A sum of Rs. 40,000 was awarded for the medical expenses, whereas a sum of Rs. 20,000 was awarded towards the disability suffered on account of injuries sustained by the claimant. A sum of Rs. 3,000 towards loss of income and Rs. 2,000 was awarded towards special diet. This is how a total sum of Rs. 65,000 was awarded. It is this determination which is sought to be challenged by the claimant in this appeal, contending, inter alia, that the same has been awarded on lower side.