MADHO Vs. UTTAMVIR SINGH

JUDGEMENT

(1.) THIS is an appeal under Section 110-D of the Motor Vehicles Act, 1939 by a claimant aggrieved by an award of the Tribunal whereby an amount of Rs. 5. 040/- with interest at the rate of 6 per cent per annum from the date of the application has been awarded to him.

(2.) IT is not disputed that on 19. 4. 1982 the claimant/appellant was engaged as a cleaner on a truck (CPH 7886) owned by the respondent No. 1, driven by the respondent No. 2 and insured with the respondent No. 3 for an amount of Rs. 50. 000/ -. The truck met with accident on 19. 4. 1982 wherein the appellant suffered crush injuries of both the legs. The Tribunal has held that the cause of the accident was negligent driving of respondent No. 2. While assessing the quantum of compensation, the Tribunal held that the case of the appellant was covered by Schedule IV of the Workmen's Compensation Act whereunder the claimant should have been awarded an amount of Rs. 12,600/- only inasmuch as the loss of efficiency of the claimant has been 40 per cent, the quantum has been fixed at Rs. 5. 040/- only.

(3.) FROM the evidence recorded the relevant facts found proved by the court below are that the claimant had suffered crush injuries of both the legs; though the claimant was treated at the Medical College, yet there was mal-union of bones in both the legs, also muscular deformity of the right leg. In spite of recovery, the claimant could move slowly without any support but with a limp. He cannot now lift and carry heavy articles though he can lift light weight articles and can engage himself in such labour as does not require movement. He had to remain under plaster for about 3 months and for treatment for about 6 months. He was between 30 and 35 years of age at the time of the accident and earning Rs. 390/- per month. These findings are well considered findings of fact recorded by the Tribunal and have not been challenged before this Court; rightly in the opinion of this Court.