BALWANTSINH PRATAPSINH CHAUHAN Vs. BARIYA NARANBHAI BAGHARBHAI

JUDGEMENT

(1.) Heard Learned advocate Mr. Hiren Modi for the appellant and Learned advocate Mr. Vibhuti Nanavati for the respondent No.3. Respondent No.1, though served, remained absent, whereas appeal stands abated for Respondent No.2, since he died pending litigation. Perused the record.

(2.) The appellant is original claimant before the Motor Accident Claim Tribunal, Godhra in Motor Accident Claim Petition No. 748 of 2010, wherein he has claimed an amount of Rs.7,00,000/- for the injuries sustained by him in vehicular accident on 27.04.2010. On such date of accident, appellant - claimant was travelling in Truck No.GJ-7Y-1376 as a conductor going towards Valsad. However, because of rash, negligent, careless and speedy driving of opponent No.1, being driver of the Truck, when he lost control of the truck, truck had gone off the road and dashed with the roadside trees. In such incident appellant has received several injuries, which include crush injury over left hand, for which extensive treatment was provided to him. Even after long treatment because of fracture of radius and ulna with crushed injury on forearm, his left hand below elbow was amputated. For such injuries and its result, the doctor has certified his disablement as 90% of upper limb. After, considering the available evidence on record, in all, the Tribunal has awarded Rs.2.85,000/- on different heads as under:-

(3.) I have perused the entire record and also considered the documentary evidence as well as oral evidence. It is an undisputed fact that the petitioner was serving as a conductor on Truck and because of crush injuries he has lost his left arm. While awarding compensation for loss of future earning, the Tribunal has considered 40% disablement because of the consent by the parties and considered Rs. 3,000/- as income of the victim, and thereby applied 14 multiplier because victim was aged about 45 years, thus, monthly loss of income comes to Rs.1200/-.