ABID Vs. JAGDISH PRASAD

JUDGEMENT

(1.) This appeal is filed by the appellant under Section 173 of the Motor Vehicles Act against an award dated 30.6.2007 passed by the Motor Accident Claims Tribunal, Mandsaur in Claim Case No. 222 of 2006.

(2.) The appellant had suffered injury in an accident which had taken place on 8.4.2006. He had filed the claim petition before the Claims Tribunal and the Tribunal has awarded a sum of Rs. 89,000 along with the interest at the rate of 9 per cent per annum from the date of the claim petition.

(3.) The Claims Tribunal has found that the appellant had suffered permanent disability to the extent of 35 per cent in the right leg and 10 per cent in the right hand. The Tribunal found that the appellant was a truck driver and assessed the monthly income of the appellant at Rs. 3,000. The Tribunal calculated the permanent disability in reference to the whole body to the extent of 12 per cent and found the age of the appellant to be 33 years and applied the multiplier of 16. Thus, the Tribunal calculated the loss of future earnings to the extent of Rs. 68,800. The Tribunal awarded Rs. 5,000 towards physical and mental pain; Rs. 10,000 towards actual medical expenses; Rs. 4,000 as attendant expenses and Rs. 2,000 for transportation charges. Thus, the Tribunal awarded a total sum of Rs. 89,000.