SHYAM SUNDER ARORA Vs. DIWAN CHAND

JUDGEMENT

(1.) BY way of this appeal the appellant seeks to challenge the impugned Award dated 11. 8. 2006, so as to seek enhancement in the compensation amount of rs. 3,19,307. 51 as has been awarded by the MACT mainly on two grounds. First ground by the counsel for the appellant is that the Tribunal has wrongly applied the multiplier of 13 although, as per the Second Schedule the laid down multiplier for the age of the appellant is 15. The appellant in the present case has claimed multiplier of 16 i. e. more than the multiplier factor laid down in the Second Schedule of the Motor Vehicles Act due to the serious injuries sustained by the appellant in the accident, which led to the permanent disability of the appellant to the extent of 30% of the whole body as per the disability certificate duly proved by the appellant on record.

(2.) THE second contention raised by the counsel for the appellant is that the tribunal has wrongly ignored the income of the deceased although the same was duly proved by the appellant. Not only this, the income of an unskilled workman under the Minimum Wages Act has been applied ignoring the evidence placed on record by the appellant.

(3.) BEFORE adverting to deal with the contentions raised by the respective parties, it would be appropriate to refer to the facts of the case in brief as under:-The appellant, Shri Shyam Sunder, aged 46 years at the time of accident, boarded the bus bearing registration No. DL-1pb 0684 on 28. 12. 2004 from Sarai rohilla and he alighted from the bus outside Azadpur Bus Terminal. The respondent driver of the bus was driving the bus in a most rash and negligent manner and turned the bus towards left side for going inside the bus terminal, which resulted in crushing the right foot of the appellant and causing injuries to him on various parts of his body. He was taken to Hindu Rao hospital from the site of accident. He remained there from 28. 12. 2004 to 29. 12. 2004, where X-ray of the right foot was taken which showed dislocation of metatarso-phylaneal joint and two K wires were inserted into the big toe and the fourth toe. Later, he was shifted to Batra hospital and then to Kalyani hospital. A claim petiton was filed before Motor Accident Claims Tribunal on 21. 5. 2005 and Award was passed on 11. 8. 2006. Aggrieved with the said Award, present appeal is filed by the appellant claimant.