- (1.) THIS appeal for enhancement is directed against the judgment and award dated 20.3.2010 passed by the Motor Accident Claims Tribunal, Phalodi ('the Tribunal'), whereby for the injuries suffered by the appellant, the Tribunal has awarded a sum of Rs.28,446/ -.
(2.) THE Tribunal while considering the issue relating to grant of compensation for the injuries suffered by the appellant came to the conclusion that he was entitled to Rs. 10,000/ - for the two grievous injuries suffered, Rs. 1,000/ - for a simple injury, Rs. 2,400/ - for hospitalization for 8 days, and based on the medical bills produced, he was awarded another sum of Rs.15,445.50 P. Rest of the claim made by him was rejected. It is submitted by learned counsel for the appellant that the Tribunal fell in error in awarding a meagre compensation despite the appellant having suffered serious injuries, resulting in his undergoing surgery and remaining hospitalized for 8 days. It was further submitted that the Tribunal has not awarded any sum for the period from the operation till the time he could joining back his business and no amount has been awarded under the head of pain and suffering which is apparent. It was prayed that the amount awarded by the Tribunal be enhanced suitably.
(3.) LEARNED counsel for the respondent -Insurance Company contested the submissions made by learned counsel for the appellant, it was submitted that no evidence worth the name was produced by the appellant to substantiate amount of claim made by him and therefore, the Tribunal was justified in awarding amount of Rs.28,446/ -.;