NETRAM SAHU Vs. MUKESH ISAYEE

JUDGEMENT

(1.) THE claimant has preferred this appeal under Section 173 of the M.V. Act being aggrieved by the award dated 24th October, 2002 passed by the 5th Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No. 127/2001 whereby learned Tribunal has awarded an amount of Rs. 1,20,000/- against permanent disability, Rs. 10,000/- for medical expenses, Rs. 10,000/- for mental agony, thereby in all an amount of Rs. 1,40,000/- has been awarded against respondent No. 3.

(2.) CASE of the claimant was that on 9-5-2001 he boarded the mini bus bearing registration No. M.P. 26-C/5638 at Bilaspur for going to his village. Respondent No. 1 herein was driver of the said bus whereas, respondent No. 2 was the owner of the bus. Respondent No. 1 started driving the bus at a very high speed, in rash and negligent manner, he dashed the bus against a tree standing on the right side of the road near Village Jorapara. As a result of that accident, the claimant sustained fracture injury on his right hand. He was admitted to the hospital. During treatment, his right hand was amputed, therefore, he has suffered permanent disability and he is not able to perform his duties. The claimant was working as carpenter whereby he used to earn Rs. 100/- per day, Rs. 3000/- per month. Therefore, he is entitled for the claim of Rs. 8,85,000/- & 15% interest thereon. Parties were allowed to adduce their evidence. Vide impugned award learned Tribunal after scrutinizing evidence reached to the conclusion that it is admitted that right hand of the claimant has been amputed but even then he might be earning something, therefore, based on that it is appropriate to assess loss of Rs. 1,500/- per month. After incurring expenses for his personal livelihood he might be spending Rs. 1,000/- per month on his family. The age of the claimant at the time of accident was 42 years. Normal expected age of a person is 60-65 years, therefore, by applying multiplier of 10 Tribunal has awarded the compensation of Rs. 1,20,000/-.

(3.) ON the other hand, learned Counsel for the respondent No. 3 supported the award passed by the Tribunal.