SHEIKH REHAN Vs. DIGAMBER SON OF K HINGE

JUDGEMENT

(1.) HEARD . Admit. Ms T. D. Khade, learned counsel accepts notice for respondent no. 2. Notice to respondent no. 1 dispensed with. Taken up for final hearing forthwith by consent of parties.

(2.) LEARNED counsel for appellant submitted that appellant suffered 15% permanent disability and he was hospitalised. He had to undergo medical treatment and also expenses were incurred to the tune of Rs. 86,400/ . However, learned Tribunal partly considered the documents produced on record and ignored some medical papers regarding treatment of claimant in Shakti Hospital, Nagpur. According to learned counsel for appellant, compensation was also awarded ignoring the settled principle as to deduction of the amount in relation to percentage of permanent total disability from the monthly income of the injured person to arrive at proper multiplicant and then to multiply the same by appropriate multiplier. Considering the facts and circumstances of the case, the applicant would be deprived of his earnings as a result of motor vehicle accident he suffered.

(3.) PRIMA facie, it appears that entire medical documents which were produced on record were not considered by the learned Tribunal although in the affidavit of the claimant, he stated that at the time of accident he was only 19 years old earning sum of Rs. 3000/ per month from labour work. He also claimed that he had incurred sum of Rs. 75,000/ towards his medical treatment and also relied upon medical bills in order to claim compensation on the ground of medical treatment and expenses. For these reasons, the award of the amount only in the sum of Rs. 66,241/ inclusive of no fault liability was unsustainable for the reason that it is the duty of the Tribunal to award just, fair and reasonable compensation by looking into the entire evidence before it. It will not be just and proper for the Tribunal to ignore documents submitted on record as also evidence led by the parties. That being so, it is expected from the learned Tribunal to consider evidence in relation to monthly/yearly income of the claimant with appropriate division thereof in relation to permanent disability certified by medical evidence so as to arrive at proper multiplicand regarding total loss of earnings by injured claimant in his expected span of life apart from reimbursement of actual medical expenses; non pecuniary losses on account of pains and sufferings; loss of enjoyment in life; expenses in relation to conveyance for frequent visits to hospitals; expenses of attendance if required and special diet. The Tribunal would afford opportunity to the parties to lead additional evidence, if any and then decide the claim application in accordance with law bearing in mind the above relevant facts to decide just and proper compensation.