RAMESH CHAND Vs. ARJUN

JUDGEMENT

(1.) The Appeal is for enhancement of compensation of Rs. 2,41,861/- awarded in favour of the Appellant for having suffered injuries in a motor accident which took place on 07.04.1995.

(2.) The Claims Tribunal by the impugned judgment found that the accident was caused on account of rash and negligent driving of the offending truck by the First Respondent, which was owned by the Second Respondent and was insured with the Respondent No.3. During inquiry it was claimed that the Appellant was running an Atta Chakki and had an income of Rs. 3000/- per month. In the absence of any documentary evidence as to the Appellant s income, the Claims Tribunal took minimum wages as the Appellant s income and factored 30% of the Appellant s income to be his loss on account of injuries. The compensation awarded can be tabulated hereunder:- <FRM>JUDGEMENT_693_ILRDLH22_2012_1.html</FRM>

(3.) In the absence of any Appeal by the driver, the owner or the insurer, I am not to go into the finding of negligence reached by the Claims Tribunal.