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2012 DIGILAW 359 (RAJ)

Shailesh Choudhary v. Lalit Bansal

2012-02-08

NISHA GUPTA

body2012
Hon'ble GUPTA, J.—This appeal has been filed under Section 173 of the Motor Vehicles Act for enhancement against the award dated 13.11.2000 passed in MAC No. 275/1994. 2. The brief facts of the case as stated in the claim petition are that on 13.8.1993, at about 9.45 p.m., when the present appellant and others were going from Saraswati Colony towards Barkat Nagar, a Truck No. RSD-1815, being driven rashly and negligently by the respondent No.1, hit the scooter, which was driven by Suresh Kumar, due to which, present appellant, Babloo and Sanjay Sharma injured seriously and one other died. The present appellant preferred a claim petition and the learned Tribunal awarded a sum of Rs.67,000/- as compensation. Hence, this appeal for enhancement. 3. Heard learned counsel for the parties and perused the relevant record, specially the impugned judgment and award. 4. The contention of the present appellant is that he suffered 36.6% permanent disability but only Rs.37,000/- have been awarded for this and hence award is on lower side and it should be appropriately enhanced. 5. Per contra, learned counsel for the respondent has submitted that the present appellant has been adequately compensated. 6. Present appellant Shailesh Kumar has stated much in his statement that his suffered dis-function of face, restriction in movement in his hands and he has also stated that his eyes have also been effected due to this accident. 7. AW-6, Dr. Pathak has stated nothing about this and even the disability certificate goes to show that there is a disability in the left lower limb, which has been fractured and the disability has been estimated by doctor as 36.6%. It was stated by the present appellant that he could not sit cross-legs but nothing has been mentioned in the disability certificate in this regard. AW-6 Doctor Pathak has further stated in his cross-examination that he has not examined the patient before issuing the certificate. The learned Tribunal has awarded Rs. 10,000/- for five simple injuries and one grievous injury. For pain and suffering Rs.10,000/- have been awarded. For loss of income and for transportation and other charges, Rs. 10,000/- have been awarded and looking to the fact that the disability occurs due to fracture fo femur bone and disability is restricted only in left lower limb, Rs. 37,000/- have rightly been awarded. 8. For pain and suffering Rs.10,000/- have been awarded. For loss of income and for transportation and other charges, Rs. 10,000/- have been awarded and looking to the fact that the disability occurs due to fracture fo femur bone and disability is restricted only in left lower limb, Rs. 37,000/- have rightly been awarded. 8. It was also stated that the present appellant remained hospitalized for a long period but no discharge ticket or any documentary evidence has been produced in support of it. 9. Looking at the above, the compensation awarded to the present appellant is just, fair and proportionate to the injuries. There is no force in the appeal and the same is hereby dismissed.