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Judgment
17 paragraphs · 303 wordsP. Sam Koshy, J
Present is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act assailing the award dated 05/09/2017 passed by the learned
Additional Motor Accident Claims Tribunal, Raipur (C.G.) in Motor Accident Claim Case No.91/2012.
Vide the impugned award, the Tribunal in an injury case under Section 166 of the Motor Vehicles Act has awarded a compensation of
Rs.2,50,570/- with interest @ 9% per annum from the date of application.
The counsel for the appellant/claimant submits that, the compensation awarded by the Tribunal for the injuries sustained is too meagre an amount
and the same deserves suitable enhancement.
The counsel for the respondent No.3/Insurance Company however opposing the appeal submits that, the amount of compensation seems to be fair
and reasonable and there is no scope of enhancement and thus prayed for rejection of the appeal.
Having heard the contention put forth on either side and on perusal of record, particularly taking note of the injuries which the claimant had
sustained i.e. the injury of shoulder of the right hand so also there was a fracture of the left leg for which he had to undergo surgery where steel rods
had to be inserted for his treatment and considering the statement of Dr.A.A.Saify - AW/2 examined on behalf of the claimant this Court is of the
opinion that ends of justice would meet if, the claimant is awarded an additional amount of Rs.35,000/- in addition to what has already been awarded
by the Tribunal.
Thus, the total compensation payable to the claimant would be Rs.2,85,570/- instead of Rs.2,50,570/-. The said enhanced amount shall also carry
interest at the same rate as has been awarded by the Tribunal.
The appeal thus stands allowed to the aforesaid extent and disposed off.