HANS RAJ Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) Leave granted.

(2.) Questioning the findings of the High Court to reduce the amount of compensation in a case of disability, modifying the Award of the Motor Accident Claims Tribunal (hereinafter referred to as 'MACT' for brevity), the claimant has filed the present appeal.

(3.) On perusal of the material placed, it is revealed that the claimant, aged 28 years, suffered 63% permanent disabilities proved by the certificate of the medical board (Exhibit 204) having paralysis, difficulty in moving, speaking, writing and doing work by hand etc. The MACT awarded a sum of Rs.15,51,000.00 accepting annual earning of Rs.1,00,000.00 relying upon the Income Tax returns. Vide impugned order, the High Court reduced the amount, and relied upon the guidelines of the Rajasthan State Legal Services Authority, in particular, clause 3(d) thereof, without having any material to disbelieve the income tax returns, and reduced the compensation to Rs.7,35,000.00 only.