BEER NARAYAN SINGH Vs. GHANSHYAM

JUDGEMENT

(1.) The above-mentioned two appeals are being disposed of by this common order since they arise out of a one and same award dated 15.5.2004 passed in Claim Case No.92 of 2002 by the Additional Motor Accidents Claims Tribunal, Baikunthpur, District Koria.

(2.) The undisputed facts are that Claimant Beer Narayan Singh was travelling on a tractor bearing registration No.MP 27 B 3422 or trolley bearing registration No.MP 27 B 3424. The Claimant received injuries in the accident and according to him his right hand was amputated below the shoulder and, therefore, he claimed compensation. The Learned Claims Tribunal assessed the income of the Claimant/injured at Rs.60/- per day, i.e., Rs.1,800/- per month and held that the loss of physical disablement of the Claimant was 50% and calculating the loss of earning on account of the amputation at Rs.61,200/-, awarded total compensation of Rs.76,200/- including Rs.15,000/- for medical expenses. The Claims Tribunal has exonerated the Insurance Company from liability of payment of compensation. During the pendency of the appeals, the owner had died and his legal representatives have been brought on record.

(3.) Claimant Beer Narayan Singh has filed Miscellaneous Appeal No.815 of 2004 claiming enhancement of the compensation and Owners of the tractor and trolley have filed Miscellaneous Appeal No.978 of 2004, wherein the challenge is made both to the quantum of compensation awarded by the Claims Tribunal and to the exoneration of the Insurance Company from liability of payment of compensation.