RASOOL KHAN Vs. IQBAL KHAN

JUDGEMENT

(1.) Being aggrieved by the Award dated 15-4-2008 passed by the MACT (Fast Track) Ujjain in Claim Case No. 18/07 whereby the claim petition filed by appellant was allowed and compensation of L 2,92,000/- was awarded on account of injuries sustained by appellant in a motor accident, which took place on 10-12-2005, the present appeal has been filed.

(2.) Learned counsel for appellant submits that the motor accident which took place on 10-12- 2005 appellant sustained multiple fractures of tibia and fibula of right leg, crush injuries in left foot ankle bone, metacarpal bone. The appellant was hospitalized from 10-12-2005 to 24-8-2006. Permanent disability was assessed as 20%% by the tribunal. Learned tribunal awarded L 2,92,000/- the break up of which is as under : <FRM>JUDGEMENT_165_LAWS(MPH)12_2011_1.html</FRM>

(3.) Learned counsel submitted that the tribunal has erred in assessing his monthly income at L 3,000/- which is on lower side where as appellant was getting monthly salary of L 4,500/- for which employer was examined. Learned counsel further submitted that permanent disability was assessed by the tribunal as 20% which is on lower side which ought to have been assumed as 46%. It is submitted that after filing of appeal also appellant was hospitalized from 21-7-2008 to 25-7-2008 and again on 3-8-2009 to 5-8- 2009 for which appellant has expensed an amount of L 28,000/-. It is submitted that looking to the injuries sustained by the appellant the amount awarded is on lower side. It is submitted that the appeal and applications be allowed and amount be enhanced.