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Judgment
This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the "Act of 1988") has been preferred by the appellant/claimant seeking enhancement of the amount of compensation, challenging the impugned award dated 24.11.2022, passed in Motor Accident Claim Case No.411/2020, whereby the learned Claims Tribunal has awarded a total sum of Rs.57,715/- as compensation for the injuries sustained to the claimant/appellant in a road accident which took place on 11.08.2020.
Learned counsel for the appellant submits that the appellant who is aged about 46 years sustained injuries in a road accident which took place on 11.08.2020 and remained hospitalized for four days. Therefore, the amount of compensation of Rs.57,715/- awarded by the learned Tribunal being on lower side, is liable to be enhanced suitably.
Despite the service of notice, there is no representation on behalf of the respondents.
I have heard learned counsel for the appellant and perused the record of the Tribunal including the impugned award.
Upon a careful appraisal of the oral and documentary evidence available on record, the Tribunal found that the appellant/claimant sustained simple injuries in the road accident. The learned Tribunal, taking into consideration the nature of the injuries being simple in nature, the actual medical expenses incurred, and the fact that the applicant remained hospitalized for a period of 4 days, has rightly assessed and awarded a total compensation in the following manner :-
| Sl. No. | Head | Compensation Amount |
|---|---|---|
| 1. | Towards Medical Treatment and Medicine Expenses | Rs.10,715/- |
| 2. | Towards Pain & Suffering | Rs.15,000/- |
| 3. | Towards Mental Agony | Rs.10,000/- |
| 4. | Towards Special Died | Rs.5,000/- |
| 5. | Towards Transportation | Rs.3,000/- |
| 6. | Towards Attendant | Rs.4,000/- |
| 7. | Towards Loss of Income | Rs.10,000/- |
| Total | Rs.57,715/- |
Having carefully perused the material on record, overall nature of the injuries, the duration of hospitalization, and the medical expenses, this Court is of the considered view that the Tribunal has judiciously appreciated the evidence and there is no evidence to hold that the claimants sustained any grievous injuries resulting in any disability. The quantum of compensation awarded is fair and proper. There is no legal or factual infirmity in the impugned award calling for interference by this Court.
Accordingly, the appeal of the appellant is hereby dismissed.