Ramdas vs Lokendra Kumar Sahu And Ors

P. Sam Koshy, J

The present appeal under Section 173 of the Motor Vehicles Act has been filed by the claimant assailing the award dated 27.10.2017 passed by the

Additional Motor Accident Claims Tribunal, Katghora, Distt. Korba (in short, the Tribunal) in Claim Case No. 12/2017. Vide the said impugned award,

the Tribunal has awarded a compensation of Rs.25,097/- along with interest @ 9 percent per annum from the date of application.

Learned counsel for the appellant submits that the award passed by the Tribunal is unreasonably low and deserves to be enhanced suitably when

compared to the nature of injuries which the claimant has sustained and prays for award to be suitably enhanced.

The counsel for the insurance company however opposing the appeal submits that considering the nature of injuries the Tribunal has awarded just

and proper compensation and there is no scope of interference in the impugned award.

Considering the total facts and circumstances of the case particularly the fact that the claimant in the instant case had received two fractures on his

left shoulder and also in his left leg, this court is of the opinion that ends of justice would meet if the claimant is awarded an additional amount

Rs.25,000/- in addition to what has already been awarded making the total compensation at Rs.50,097/- instead of Rs.25,097/- as awarded by the

Tribunal. It is ordered accordingly.

The enhanced amount of compensation shall also carry same interest as has been awarded by the Tribunal.

The appeal stands allowed and disposed of.