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Judgment
This is claimant's appeal seeking enhancement of compensation awarded by 3rd Additional Motor Accident Claims Tribunal, Bilaspur (for short “the Tribunal”) in Claim Case No. 344/2016 vide award dated 30-10-2018.
As against the compensation of Rs. 30,55,000/- claimed by the appellant/claimant, by filing application under Section 166 of the Motor Vehicles Act, 1988 (for short “the Act”) for the injuries sustained by him in the motor accident on 24-5-2015, the Tribunal awarded a total sum of Rs. 99,768/- along with interest @ 6% per annum from the date of application till it is actually paid.
The Tribunal on a close scrutiny of the evidence led, held that the accident had occurred due to rash and negligent driving of motorcycle – Hero Passion bearing registration No. CG 10 EF/ 0693 by its driver i.e. respondent No.1; the appellant sustained grievous injuries in the said accident, respondent No. 1 and 2 liable for payment of compensation to the claimant; assessed and awarded aforesaid sum as compensation to the claimant/appellant.
Learned counsel for the appellant would submit that although the Doctor who issued the disability certificate has not been examined in this matter, but looking to the fact that the appellant sustained grievous injuries, the amount awarded is shockingly on lower side, which needs to be suitably enhanced.
On the other hand, learned counsel for the respondents submits that, the compensation has not been awarded on lower side and hence, the appeal is liable to be dismissed.
I have heard learned counsel for the appellant and have perused the record of the Tribunal including the award impugned.
The learned Tribunal has rightly awarded compensation to the claimant under the following heads: ₹27,000/- towards loss of income, ₹ 12,768/- towards medical expenses, ₹25,000/- towards mental and physical pain and suffering, and ₹10,000/- towards travel and diet expenses. In the opinion of this Court, the compensation awarded under these heads is just and reasonable and does not warrant any interference.
In view of the foregoing discussion, the appeal, being devoid of merit, is hereby dismissed.
No order as to cost(s).