ANKUSH Vs. HANMANTA AND OTHERS

JUDGEMENT

(1.) Nobody has appeared on behalf of the respondents, including the Insurance Company (respondent No.6), in spite of service of notice. In these circumstances, we have no option but to proceed ex-parte in the matter.

(2.) We have heard learned counsel for the appellant and gone through the record. The appellant is a labourer who met with an accident on 18.04.1999 while he was travelling by tractor and trolley bearing No.MH-24-A-6176 and MH-24-A-0218 respectively on Latur - Nanded road from Chikalana village, when a truck bearing No.MH-12-6454 came from behind and rammed into the tractor and trolley in which the appellant was travelling. As a result, the accident occurred and the appellant sustained multiple injuries and he was admitted to Civil Hospital, Latur for medical treatment. The appellant filed the case of compensation under the Motor Vehicles Act before the Motor Accident Claims Tribunal claiming compensation of Rs. 3 lakhs. The Evidence was led by both the parties. The Motor Accident Claims Tribunal on analysing the evidence before it came to the conclusion that the accident took place because of the rash and negligent driving by the driver of the truck as a result of which the appellant had sustained various injuries. The Tribunal also arrived at the conclusion that the income of the appellant was Rs. 21,600.00 per annum and by applying multiplier of 18 for loss of income, arrived at a figure of Rs. 2,33,200.00 and 60% thereof as the compensation on the ground that disability was 60% and not 100%. In this manner a sum of Rs. 1,72,800.00 with interest of 9% from the date of the petition till realization of the amount in full was awarded to the appellant. After addition of the interest, total sum of Rs. 2,33,200.00 was awarded by the Tribunal.

(3.) Not satisfied with the aforesaid amount of compensation, the appellant preferred an appeal before the High Court. The High Court accepted the finding of the Trial Court that the annual income of the appellant was Rs. 21,600.00, multiplier of 18 was applicable and disability was 60%. Thus award for loss of income in the sum of Rs. 1,72,800.00 is maintained. The High Court, however, found that while awarding the amount, no amount towards pains and suffering is awarded nor any amount is awarded towards loss of future prospects and medical expenses. Accordingly, the High Court has awarded a sum of Rs. 20,000.00 by way of medical expenses and Rs. 50,000.00 towards pains and sufferings and with the addition of further sum of Rs. 50,000.00 towards loss of amenities. In the manner, total compensation to the appellant is worked out at Rs. 3,53,200.00 with interest @ 9% per annum from the date of petition till realization.