HARISH CHANDRA SONI Vs. AFTAB ALI

JUDGEMENT

(1.) Heard Mr. Deepak Kumar Singh, learned counsel for the appellant, Mr. Jitendra Narain Mishra, learned counsel for the insurance company and Mr. Shakeel Ahmad Ansari, learned counsel appearing for the opposite parties. This appeal is directed for enhancement of award dated 17.8.2007 passed by the Motor Accident Claims Tribunal, Faizabad in Claim Petition No. 30/2005, Harish Chandra Soni v. Aftab Ali and others, whereby the Tribunal, after making one-third deductions, awarded a sum of Rs. 55,000 to the appellant.

(2.) Admittedly, in the accident occurred on 5.1.2005, the appellant became permanently physically handicapped. When he preferred a claim petition before the Tribunal, the Tribunal awarded a sum of Rs. 55,000 as medical expenses and compensation, after making one-third deductions.

(3.) Sole contention raised by the appellant's counsel is that there is no need to deduct one-third or any other percentage from out of the income, towards the personal and living expenses. In support of his submissions, he has relied upon the judgment pronounced by the Apex Court in the case of Raj Kumar v. Ajay Kumar and another, 2011 1 SCC 343, Learned counsel for the respondents have fairly conceded that the impugned judgment and award suffers from illegality, as the Tribunal has made one-third deductions.