AI Structured Summary
Not yet generated for this judgment
Judgment
N.K. Mody, J.—Being aggrieved by the inadequacy of the amount awarded vide award dated 24.1.2004passed by IIIrd MACT, Jagra, Distt. Ratlam, in Claim Case No. 6/2002, whereby sum of Rs. 26,110 has been awarded along with interest @ 8% per annum the present appeal has been filed.
Learned Counsel for the appellant submits that break-up of Rs. 26,110 is as under:
Towards permanent disability : Rs. 12,210 Towards loss of income : Rs. 6,000 Towards pain and sufferings : Rs. 5,000 Towards special diet : Rs. 1,000 Towards medical expenses : Rs. 1,825
It is submitted that age of the appellant was 25 years. At the time of accident he was working as Driver. There was fracture in tibia bone in the right leg and as per medical evidence the appellant was plastered twice. He remained on bed rest for a period of six months. It is alleged that there was permanent disability of 4%. It is submitted that after taking into consideration all the facts and circumstances of the case, the amount awarded is at lower side.
Learned Counsel for the respondent submits that amount awarded is just and proper. There is no evidence to show that there was permanent disability. It is also submitted that there was nothing on record to show that the appellant was on bed for a period of six months. It is also submitted that Tribunal has assessed the permanent disability of 2% and not 4%.
After taking into consideration all the facts and circumstances of the case, it appears that amount awarded by the Tribunal towards loss of future income is at lower side. Similarly, for pain and suffering also amount awarded is at lower side. Amount is enhanced from Rs. 26,110 to Rs. 50,000. The enhanced amount of Rs. 23,890 shall carry interest @ 6% per annum.
With the aforesaid modifications, appeal stands disposed of.