JUDGMENT :

Heard the parties.

2. This appeal has been preferred by the appellant against the Award/ Judgment dated 16.07.2015, passed by learned District Judge-III-cum- Motor Accident Claims Tribunal, Jamshedpur in Compensation Case No. 37 of 2013, whereby a meagre compensation of Rs.2,31,000 with interest has been awarded in favour of the appellants. In the instant appeal, the claimant-appellant prays for enhancement of compensation amount along with interest.

3. As per the factual matrix, on 18.11.2021, the injured, Sultan Singh was going to Jamshedpur from Chandil by his motorcycle. When he reached near T.C.I. Godown at Asanbani on NH-33, a truck bearing Reg. No. UP-78BT-4741, coming from Chandil side dashed him from back side, due to which, he fell down on the road and received grievous injuries on his right hand, leg and all over his body. Thereafter, he was taken to the Tata Main Hospital, Jamshedpur for treatment where he remained as indoor patient from 18.11.2011 to 02.12.2011 and traumatic amputation of index, middle, ring and small finger has been done. His right hand along with all fingers and thumb till elbow has been grossly crushed in the accident.

On being noticed, Opposite Parties appeared and filed its written statement under Section 166 of the M.V. Act.

Learned Tribunal, on perusal of the documents brought on record and after hearing counsel for the parties and upon going through the written statement as well as other documents, framed following issues for proper and just adjudication of the case:-

i) Whether this claim case is maintainable in the present form or not?

ii) Whether the accident took place due to rash and negligent driving by the driver of vehicle bearing Reg. No. UP-78bt-4741 and whether applicant got permanent disablement due to accident and what is extent of functional disablement?

iii) Whether the vehicle was insured with Opposite Party-Insurance Company at the time of accident and whether there is violation of terms and conditions of the insurance policy including requirement of valid driving license?

iv) Whether the applicant is entitled for compensation if yes what would be quantum of compensation?

v) Whether claimant is entitled for any other relief or reliefs?

4. Learned Court below after hearing the parties and after perusing the exhibited documents and oral evidences, elaborately dealt the issues framed and thereafter, found that the claimant is entitled to receive compensation amount. Resultantly, the learned Tribunal awarded a sum of Rs.2,31,000/- along with interest @ 9% per annum from the date of filing of claim application till its realization, as compensation to be paid by the Insurance Co. to the claimant within 30 days from this order.

5. Being aggrieved and dissatisfied with the impugned award dated 16.07.2015, as a meagre amount of Rs. 2,31,000/- only has been awarded by the learned Tribunal, appellant-claimant has approached this Court for enhancement of the claim amount.

6. Ms. Swati Shalini, learned counsel appearing for the appellant-claimant, assailing the judgment of the learned Court below argues that award dated 16.07.2015 is bad in law as well as on fact and is liable to be quashed and set aside. Learned counsel further argues that the learned Court below has failed to take into consideration the medical certificate and income tax acknowledgment produced by the appellant-claimant. Learned counsel further argues that though the claimant has suffered 50% disability but while awarding the compensation, the learned Court below has only considered 15% disability of the claimant, though the claimant has submitted medical certificate showing his disability as 50%. Learned counsel further argues that though the monthly income of the claimant is Rs.19000/- as per his ITR but the learned Court below has considered only Rs.5000/- per month as his income. Learned counsel further argues