MANOHAR LAL Vs. TAHIR ALI

JUDGEMENT

(1.) This is an appeal filed by the claimant u/S. 173 of the Motor Vehicles Act against the award dated 13/12/ 2004, passed in Claim Case No. 131/2003 by 18th M.A.C.T., Indore.

(2.) By the impugned award, the claim petition filed by the appellant was partly allowed and a sum of Rs. 2,00,000.00 was awarded to the appellant for the injuries sustained by him in the vehicular accident due to which his leg was amputated below hip joint.

(3.) This appeal is filed by the claimant feeling aggrieved by the aforesaid impugned award seeking enhancement in the compensation awarded by the Tribunal for the injuries suffered by him. According to him, what is awarded to him is on a lower side and therefore, it should be enhanced so as to make the award a reasonable one so far as the compensation is concerned. So the question that arises for consideration in this appeal is whether Tribunal was justified in awarding a sum of Rs 2,00,000.00 to the claimant. It is submitted that the accident took place on 10/1/2003 and at the time of accident the appellant was employed as conductor. It is submitted that in the accident appellant lust his right leg which was amputated below hip joint. It is submitted that permanent disability was assessed at 90%. Learned counsel submits that appellant was hospitalised for more than 1 month. It is submitted that even looking to the nature of the injuries, it is not possible to attach an artificial limb. It is submitted that the appeal filed by the appellant deserves to be allowed and the amount of compensation may reasonably be enhanced. Reliance has been placed on a judgment of the Apex Court delivered in the case of Raj Kumar Vs. Ajay Kumar reported in (2011) 1 ACJ I wherein an illustration has been given by the Apex Court and in a case where the injured was aged 30 years, whose earning was Rs. 33,000.00 per month and his hand was amputated and the permanent disability was assessed at 60%. Honourable the Apex Court allowed the compensation of Rs. 7,56,000.00. It is submitted that in the facts and circumstances of the case, the appeal be allowed and the amount of compensation be enhanced.