- (1.) The appellant, Ashok Kumar, is aggrieved by the award dated 28.6.2004 passed by the Motor Accident Claims Tribunal, Bundi, whereby the learned Tribunal has granted him a compensation of merely of Rs.1, 21,560/- along with 9% interest from the date of filing of the Claim Petition i.e. from 11.7.2002 for 50% of disability suffered by him in a vehicular accident.
(2.) Briefly, the facts of the case are that on 27.7.2001, the motorcycle of appellant Ashok Kumar was hit by a trolla bearing registration no.HR 37A 5685 near Ramganj Balaji petrol pump at Bundi. Consequently, the appellant suffered simple and grievous injuries. Apart from other injuries, his right leg was fractured in the accident. He got himself treated in the Bundi Hospital. Since it was a vehicular accident, a claim petition was filed before the learned Tribunal. Appellant Ashok Kumar examined himself as a witness. He exhibited 40 documents in his Claim Petition including injury report (Exhibit-13), x-ray report (Exhibit-14), discharge ticket (Exhibit-15), permanent disability certificate (Exhibit-16) etc. The learned Tribunal, after going through all the documents and evidence on record, awarded compensation as mentioned above. Hence this appeal for enhancement.
(3.) Mr. S.K. Jain, the learned counsel for the appellant, has vehemently contended that instead of following the formula laid down in Item No.5 of the Second Schedule attached to the Motor Vehicles Act, the learned Tribunal has merely granted Rs.1,00,000/- as a lump sum amount for the 50% disability suffered by the appellant. Secondly, a compensation of Rs.10,000/- awarded for the non-pecuniary category of mental and physical pain, is on the lower side. Thirdly, nothing has been paid to him for the future discomforts that he would suffer. Therefore, the very basis for the grant of compensation is misplaced.;