Jaswant Rai Sharma vs Ramesh Chand and Others

Amarjeet Chaudhary, J.—The Motor Accident Claims Tribunal, Ambala on a claim petition filed by the claimant u/s 110-A of the Motor Vehicles Act, 1989, had awarded a sum of Rs. 63,800/- to the claimant alongwith 12% interest per annum from the date of filing of claim petition, on account of injuries sustained by him in a road accident on 7.4.1988 while travelling in bus No. HYE-1438.

Dissatisfied with the award, the claimant has filed the present appeal for enhancement of compensation.

The enhancement has been sought on the ground that his right arm was amputated 1'' above the elbow and the claimant had suffered permanent disability to the extent of 50%. He had to incur huge expenses for the fixation of artificial limb and due to amputation, he is unable to do the job of photography.

Learned counsel appearing for the respondents contends that the compensation has been suitablly awarded.

After having heard learned counsel for the parties, perusing the paper book, keeping in view the nature of injuries, expenses incurred by the claimant and his disability to do any job in future, I am of the considered view that the ends of justice will be well met if the claimant is awarded a sum of Rs. 75,000/- as compensation.

Accordingly, the claimant is held entitled to Rs. 75,000/- as compensation alongwith 12% interest per annum from the date of filing of claim petition, out of which, the compensation already awarded is to be adjusted.

The award of the Motor Accident Claims Tribunal, Ambala is modified to the extent indicated above.

F.A.O. stands disposed of.