- (1.) Heard counsel for the appellant and perused the impugned award as also the papers filed alongwith the memo of appeal. This first appeal from order is preferred by the claimant for enhancement against the judgment and award dated 7.12.2012 passed by Motor Accident Claim Tribunal/Additional District Judge (Ex Cadre), court No. 22, Allahabad in M.A.C.P. No. 776 of 2011. Shyam Babu Mishra v. Neeraj Kela and another.
(2.) The claimant-appellant met with an accident on 15.7.2009, in which it is claimed that his backbone had fractured and as a result of the injuries sustained in the accident, his lower half of the body became paralysed. He filed aforesaid claim petition under Sections 140 and 166 of the Motor Vehicles Act, arraying owner of the offending vehicle as opposite party No. 1 and the insurance company as opposite party No. 2. The Tribunal after hearing the parties, by the impugned award has allowed claim of the appellant for a sum of Rs. 5,15,970 which has been directed to be paid to him by the insurance company.
(3.) Contention of learned counsel for the appellant is that compensation awarded by the Tribunal is too meagre in view of the facts and circumstances of the case particularly when lower half of the body of appellant downward has become paralysed and he is now unable to earn his livelihood. According to him, the injured appellant was a taxi driver in Bombay and was earning Rs. 10,000 per month.;