- (1.) RAJEEV Gupta, C. J. This is claimant's appeal for en hancement of the compensation awarded by Motor Accident Claims Tri bunal / District Judge, Dehradun vide Award dated 02-08-2003 passed in M. A. C. T. No. 153 of 1998.
(2.) APPELLANT/claimant Satya Prasad Pant claimed compensation of Rs. 3,74,000/- for the injuries suffered by him in the motor accident on 18-04-1998 when his Bus bearing registration No. UP 0/-G-9621 was hit by a private Bus bearing registration No. UP 02-C-6143 resulting in multiple serious injuries to the claimant. The claimant further pleaded that, on account of the injuries and the fractures sustained by him in the accident, he was rendered unfit to pursue his occupation as Bus Driver in U. P Road Transport Corporation. The owner, driver and the insurer of the private bus bearing registration No. UP 02-C-6143 contested the claim and pleaded that the accident took place on account of the negligence of the claimant, himself. The Tribunal, on the evidence led by the parties, held that claimant Satya Prasad Pant sustained injuries in the mo tor accident on 18-04-1998 and the acci dent occurred due to the rash and negli gence act of the drivers of both the buses.
(3.) CONSIDERING the nature of the in juries suffered by the claimant and the evidence led in regard to the amount spent on treatment, the Tribunal awarded a sum of Rs. 27,000/- towards Medical Expenses and a sum of Rs. 10. 000/- towards Physical Pain & Men tal Agony. Thus, the total compensation was assessed at Rs. 37,000/ -. As the Tribunal found the drivers of both the buses equally responsible for the accident and the claimant, himself, was the driver of one of the two buses, he was found en titled to receive 50% of the above amount of compensation of Rs. 37,000/- as com pensation. The Tribunal, therefore, di rected the insurer of the private bus bear ing registration No. UP 02-C-6143 to pay compensation of Rs. 18,500/- along with interest at the rate of 9% per annum from the date of filing of the claim petition to the claimant. Mr. L. K. Tewari, the learned counsel for the appellant vehemently argued that the Tribunal has erred in holding that the appellant also equally contributed to the accident; in assessing low compensation of Rs. 37,000/- only and in not awarding any amount to wards Future Treatment.;