GHANSHYAM Vs. MANAGER MPSRTC DEPOT UJJAIN

JUDGEMENT

(1.) This appeal is filed by the appellant under section 173 of the Motor Vehicles Act, 1988 against an Award dated 14-9-2007 passed in Claim Case No. 56/2006 by Seventeenth Additional Motor Accident Claims Tribunal (Fast Track Court), Indore.

(2.) The appellant had suffered injury in an accident which had taken place on 2-5-2001, consequently he had filed the claim petition before the Claims Tribunal and the Tribunal by the impugned Award has awarded a sum of Rs. 1,60,000-00 along with the interest @ 7% p.a. from the date of 1-1-2007.

(3.) In the accident, the right hand of the appellant was amputated above the elbow. The Tribunal found that the age of the appellant was more than 40 years and had applied the multiplier of 15. The Tribunal assessed the loss of monthly income at Rs. 500-00 and the loss of future income on account of the injury at Rs. 90,000-00. The Tribunal awarded a sum of Rs. 2,00,000-00 towards actual medical expenses and Rs. 30,000-00 on the conventional heads, such as transportation, special diet and physical and mental pain. Thus, the Tribunal assessed the amount of Rs. 3,20,000-00. The Tribunal found that the appellant had kept his right hand outside of the window of the bus, therefore, it was a case of contributory negligence in which he was negligent to the extent of 50%. Therefore, after deducting 50% from the aforesaid amount, the tribunal awarded a sum of Rs. 1,60,000-00.