SURENDER SINGH Vs. D T C

JUDGEMENT

(1.) This appeal is directed against the judgement of the Motor Accident Claim Tribunal, Delhi, dated 2/6/1998, thereby disposing of the claim filed by the appellant herein for compensation amounting to Rs.2,45.000.00. for 40% disability which he incurred on account of the injuries sustained by him to his right foot. On 1/1/92 at about 8.30 a.m. when he way alighting from a DTC bus At I.S.B.T.,Delhi and when the driver of the bus is stated to have driven the bus in rash and negligent manner at high speed, thereby crushing his foot. The learned Motor Accident Claim Tribunal has awarded a sum of Rs.60,000.00 as compensation to the petitioner under the following heads: Loss of earnings 13,692.00 Loss of future prospect earning 21,907.00 Medical expenses 2,000.00 Special diet/conveyance 2,000.00 General damages 20,000.00 Total 59,599.00 Rounded off to Rs . 60,000.00

(2.) The tribunal also awarded interest at the rate of 12%, p.a. from the date of, filing of the petition till payment: and fixed the liability of both the respondents. Uncontended with the quantum of compensation so awarded. the appellant has come up in this appeal.

(3.) I have heard the learned counsel for the parties and have given my thoughtful consideration to their submissions. Learned counsel for the appellant . has assailed the impugned judgment/award mainly on two grounds; first being that the learned tribunal has not considered the income of the, petitioner/appellant at Rs.1,500.00 per month as was proved by him on record and secondly the tribunal has erred in applying the multiplier of 4 instead of 8 as per the second schedule of the Motor Vehicles Act 1988. As regards the first contention, suffice it would be to observe that on the face of the evidence produced by the petitioner the tribunal was justified in adopting the minimum wages payable to a skilled worker as the basis for computing the income of the petitioner because except if or the bald statement of the petitioner there was nothing on record to show that he was earning Rs.1,500.00 per month. The only evidence produced by the petitioner was of the parent of two students who has engaged the petitioner for giving tuition to his children on a fee of Rs.400.00 per month. This finding of the trial court is, therefore, fully justified on record.