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1999 Supreme(SC) 463

R.P.SETHI, S.SAGHIR AHMAD
Ashwani Kumar Mishra – Appellant
Versus
P. Muniam Babu – Respondent


Judgment

Sethi, J.-Leave granted.

2. Notice was issued to the respondent to show cause why the compensation amount in favour of the appellant be not further en­hanced. Respondent No. 3-New India Insurance Company has filed the counter affidavit submitting therein that there is no documentary evidence to show that the appellant was at all employed anywhere at the time of the accident and in the absence of proof regarding his income, the amount of compensation cannot be enhanced. It is submitted that as the appellant had claimed Rs. 2,90,919.15 and was awarded Rs. 2,25,000/- with interest, there is no justification for him to claim enhancement of the compensation amount.

3. The facts giving rise to the filing of the present appeal are that the appellant who was 23 years of age had met with an accident and received severe injuries causing damages to his spinal cord. He re­mained under treatment for about 90 days and became permanently disa­bled. He had preferred a claim for Rs. 63,00,919.15 from the owner, driver and the insurer of the vehicle for injuries suffered by him in the motor accident. The Motor Accident Claim Tribunal (hereinafter referred to as ‘the Tribunal’) after appreciati







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