DALIP SINGH,J. - (1.) THIS appeal arises out of the award dated 18.4.1995 passed by the Motor Accident Claims Tribunal, Jaipur City, Jaipur (hereinafter referred to as 'the Tribunal') in Claim Petition No. 394/1989 filed by the claimant -appellant for compensation on account of injury suffered by him in a motor accident which took place on 11.9.1998.
(2.) DURING the pendency of this appeal by an order dated 10.3.2004 this Court had dispensed with the service of notice on respondent Nos. 1 and 2, the driver and the owner of the vehicle in question and the appeal has been contested by the insurer, the New India Insurance Company Ltd. Branch, Neharu Place, Tonk Road, Jaipur, as respondent No. 3. The case of the appellant is that the learned Tribunal has awarded a meagre sum of Rs. 5,000/ - only in all despite the fact that it has come oil record that the appellant suffered dislocation of the right hip joint which has resulted in 14% disability of the right lower limb. Learned Counsel for the appellant submits that from the evidence of A.W. 5 Dr. M.K. Mathur, who has proved the Injury Report (Ex. P. 52) as well as the X -ray report (Ex. P. 53), and the disability certificate (Ex. P.18) which were produced on record as a result of which the injury suffered by the appellant and his disability is amply proved. The appellant suffered the permanent -disability of 14% on account of the said dislocation of the right hip joint on his right lower limb.
(3.) THE contention of the learned Counsel for the appellant is that in spite of the aforesaid permanent disablement which the appellant suffered at the age of 28 years which was the age of the appellant at the time of accident, a meagre sum of Rs. 2,000/ - alone has been awarded for the injury and in addition to the aforesaid a sum of Rs. 3,000/ - has been awarded towards the expenses for transportation, etc. which is wholly inadequate. The next contention of the learned Counsel for the appellant is that the Tribunal has failed to grant any compensation on account of loss of income for permanent disablement and nothing has been awarded under the head of pain and suffering suffered by the appellant on account of the aforesaid injuries. Learned Counsel for the appellant further contended that in view of the provisions contained in II Schedule of the Motor Vehicles Act, 1988 particularly in Item No. 5, the amount of compensation awarded to the appellant deserves to be enhanced.;