BABU RAM Vs. SRI MOHD MANEEF

JUDGEMENT

(1.) THIS is an appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and order dated 27.09.2003. passed by Motor Accident Claims Tribunal (for short the Tribunal) in Claim Petition No. 252 of 2002.

(2.) BRIEF facts of the case were that the claimant Babu Ram, a Rickshaw puller by profession, met with a motor vehicle accident. on 7.3.2002. He sustained injuries. His right leg was amputated. He filed claim petition alleging his monthly income of Rs. 4,000/ - and claimed incidental expenses towards medical treatment, etc. and other statutory benefits. The learned Tribunal on ,appreciation of the evidence on record was of the view that although the injured -claimant was engaged in the profession of Rickshaw Puller, it was not proved that he was earning Rs. 4,000/ - per month. His income was, therefore, calculated on the basis of his profession and attending circumstances at Rs. 2,500/ - per month. He being aged about 44 years, the multiplier of 15 was applied and the compensation was calculated after treating the disability as 85% only. .

(3.) LEARNED counsel for the appellant -claimant argued that the learned Tribunal failed to properly appraise the evidence in regard to the monthly income of the injured as the certificate given by the school management shows that the injured was being paid Rs. 3,000/ - per month as remuneration for bringing the children to the school and that there was also evidence that ' the injured was also making some earning while taking other passengers on hire in his Rickshaw and that his monthly earning was not less than Rs. 4,000/ - per month. Having gone through the finding on Issue No.4, we are not inclined to find favour with the submission of the learned counsel because the evidence did not indicate that the school management was charging Rs. 150/ - per boy and that the amount was realized to be paid to the claimant by the management itself. Since the' management itself was not making the payment, the evidence and the 'certificate in that regard was rightly not relied upon by the learned Tribunal and considering the engagement of the injured -claimant as Rickshaw Puller his income was rightly assessed at Rs. 2,500/ - per month.