ATA MOHD. Vs. ORIENTAL INSURANCE CO. LTD.
LAWS(RAJ)-2014-3-102
HIGH COURT OF RAJASTHAN
Decided on March 13,2014

Ata Mohd. Appellant
VERSUS
ORIENTAL INSURANCE CO. LTD. Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the parties.
(2.) THE instant appeal has been filed by the appellant/claimant seeking enhancement of the compensation of Rs.1,34,096/ - awarded to him by the learned Judge, Motor Accident Claims Tribunal, Pali vide judgment and award dated 10.12.2002 in Motor Accident Claims Case No.476/2001 (79/2000). Learned counsel for the appellant has limited his arguments seeking enhancement in compensation on two counts. He submits that the appellant received six (6) simple injuries and one (1) grievous injury in the accident and that he had to remain hospitalised for a total 51 days for his treatment. He submits that the learned Tribunal did not award any compensation to him under these heads. Thus, he prays that appropriate compensation be awarded to the appellant for the injuries received by him and for the period of hospitalisation.
(3.) PER contra, learned counsel for the respondent no.1 insurance company has opposed the submissions advanced on behalf of the appellant/claimant. He submits that the learned Tribunal has already awarded an excessive compensation and there is no need to enhance the award. He, however, does not dispute the f that the learned Tribunal whilst computing the compensation, did not take into account the injuries received by the appellant and the expenses borne during the period of hospitalisation which was of 51 days.;


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