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1994 Supreme(MP) 47

D.M.DHARMADHIKARI
Ramgopal – Appellant
Versus
M. P. S. R. T. C. – Respondent


Advocates:
Arun Kochar for appellant; A.G. Dhange for respondents.

JUDGMENT

The appellant in this appeal claims enhanced compensation for the injuries sustained by him in the accident which took place on 12.11.1982 in the motor accident. The learned Member of the Claims Tribunal, under various heads of claim, awarded separate compensation, totaling Rs. 19,200/-.

The learned counsel appearing for the claimant, in this appeal, has made some attempt to point out that the compensation awarded under different heads is too low and needs to be enhanced. Having perused the impugned order under appeal of the Claims Tribunal, I do not find that the compensation awarded is unreasonably low or is arbitrary and not based on any record. There is thus no scope for interference with that part of the quantum.

The argument advanced on behalf of the appellant, based on his application under Order 41 Rule 27 of the Code of Civil Procedure (in short 'the Code'), however, deserves serious consideration. Along with his application under Order 41 Rule 27 of the Code, dated 1.11.1993, the claimant has filed a certificate issued by Dr. Nirbhay Shrivastava, Professor of Ortho-Surgery, Gandhi Medical College, Bhopal and an estimate of medical expenses for his further medi







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