Alok Sharma, J. - (1.) THE appellant -claimant (hereinafter 'the claimant') being dissatisfied with the award dated 12 -5 -2004 awarding Rs. 1,50,000/ - as compensation passed by the Motor Accident Claims Tribunal, Jaipur for the injuries suffered by him in motor accident of 5 -11 -2001 has approached this court by filing this miscellaneous appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter 'the 1988 Act'). He seeks as in almost every similar case enhancement of compensation.
(2.) THE facts of the case are that the claimant suffered injuries and paralysis of his right hand in an accident of 5 -11 -2001 involving the vehicle i.e. jeep with registration No. RJ -14/2C -5651 insured with the respondent Oriental Insurance Company. Due to the injuries suffered by the claimant he suffered paralysis of his right hand and is incapable to do day to day normal functions therewith. Learned counsel for the claimant admits that the claimant was a Supervisor with the Agriculture Department, Government of Rajasthan at the relevant time. As such in spite of the accident and consequent paralysis of his right hand he continued to be in employment without any pecuniary loss/detriment. The learned Tribunal has therefore not awarded any compensation for pecuniary loss. Counsel has no quarrel with the impugned award on that score. He has however submitted that the Tribunal has miserly awarded non -pecuniary compensation of Rs. 1,50,000/ - only plus interest. Of the aforesaid amount Rs. 1 lac was awarded under the head of physical pain and mental agony and Rs. 50,000/ - on account of medical expenses, diet, and transportation charges. Counsel submitted that the trauma suffered by the claimant at the age of 36, as the claimant was at the time of accident, and having to carry paralysis of right hand all through his life, was not appreciated by the Tribunal by limiting the award to Rs. 1 lac only on account of physical pain and mental agony. Counsel submitted that the Tribunal ought to have considered that the age of the claimant was 36 years at the time of accident and he would have to live with the paralysed hand probably for over 35 years. It was submitted that the right hand as the dominant hand of the claimant was central to the day to day functions of the claimant, and paralysis thereof was a continuing trauma for which an award of Rs. 1 lac only was very meager. Counsel submitted that in the case of Sanjay Batham Vs. Munnalal Parihar [ : (2011)10 SCC 665] the Hon'ble Supreme Court had awarded Rs. 2 lacs on account of physical pain, suffering and trauma in similar circumstances. Therefore the claimant should have been awarded at least Rs. 2 lacs for physical pain, suffering and trauma. No other argument has been advanced by the counsel for the claimant.
(3.) LEARNED counsel for the respondent insurance company has opposed the submission of learned counsel for the claimant and submitted that the amount awarded by the learned Tribunal is just, fair and adequate and brooks no interference in appeal;