TIMARIYA Vs. DEVENDRA

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act, 1988 has been filed against the award dated 8.1.2008, passed by Motor Accidents Claims Tribunal (Fast Track), Kukshi in Claim Case No. 63 of 2007. The appellant had suffered an injury, which had taken place on 11.6.2006. He had filed claim petition before Tribunal and the Tribunal by the impugned award awarded a sum of Rs. 76,000 along with 9 per cent interest from the date of application. The Tribunal found that appellant had suffered permanent disability of 40.4 per cent in the left hand due to the accident. It awarded a sum of Rs. 70,000 on account of loss of future income and further Rs. 2,000 for attendants, Rs. 3,000 for actual medical expenses, Rs. 1,000 for special diet. Thus, a total amount of Rs. 76,000 was awarded by the Tribunal.

(2.) Learned counsel appearing for the appellant submitted that the Tribunal has committed an error by awarding a lump sum amount without determining the age, income and applying the proper multiplier. The learned counsel further submitted that amount awarded under the conventional heads is on the lower side.

(3.) Learned counsel appearing for the respondent submitted that the Tribunal has committed an error in fixing the liability on the insurance company. He further submitted that in view of the cross-objection filed by the respondent insurance company that the appellant was travelling as a gratuitous passenger in the transport vehicle, the liability cannot be fixed on the insurance company. He further submitted that the amount awarded by the Tribunal is just and proper and no interference is required.