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Head Note

Constitution of India, 1950  - Article 136

Special Leave Petition - Re-appreciation of Evidence - In exercise of jurisdiction under Article 136 of the Constitution, though the Apex Court would not normally re-appreciate the facts and evidence, however, when the courts below erred in ignoring material evidence, the Apex Court can always re-appreciate the evidence in order to render justice to the parties.

Motor Vehicles Act,1988  - Section 168

Compensation - Injury Case - Tribunal discarded radiologist report of VMKVM College and Hospital on the ground that the claimant had not pleaded in his claim petition about the treatment - Held that it cannot be taken as a ground to discard the radiologist report of VMKVM College and Hospital - The claimant was a poultry labourer, he would have earned not less than Rs.4,500/- per month - Considering the nature of occupation of the claimant and the 25% disability lump sum compensation of Rs.2,00,000/- towards loss of future earnings, on account of permanent disability, Rs.13,500/- (Rs.4,500 x 3) awarded for the loss of earning during the period of treatment - Considering the nature of treatment and the medical bills (Exp.5), for which an amount of Rs.1,00,000/- is awarded towards medical expenses; Rs.50,000/- is awarded towards pain and sufferings; Rs.10,000/- is awarded for transport charges and Rs.10,000/- is awarded for attendant charges; Rs.10,000/- is awarded towards extra nourishment and Rs.50,000/- is awarded towards loss of amenities - The compensation of Rs.25,300/- awarded to the claimant enhanced to Rs.4,43,500/- payable with interest at the rate of 9% from the date of the claim petition.

Topic(s)-MACT - Compensation enhanced