HAKIM SINGH Vs. SHOUKAT ALI

JUDGEMENT

(1.) THIS is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act against an award dated 29th August, 2008 passed by Motor Accident Claims Tribunal, Gwalior in Claim Case No. 11/2008. By the impugned award, the Claims Tribunal awarded the compensation as Rs. 5,21,800 with interest to the claimant by way of compensation for the injury which appellant sustained in an accident. According to claimant i.e. appellant herein, the compensation awarded is on lower side and hence, need to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimant has filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in the compensation awarded and if so to what extent? As observed supra, it is a injury case.

(2.) LEARNED Counsel for appellant submits that in a motor accident which took place on 22nd December, 2007 appellant sustained grievous injuries in his right hand with the result appellant was hospitalized for a period of 6 weeks wherein right hand of appellant was amputated in two span; firstly, above the elbow and secondly below the shoulder. It is submitted that income has been assessed @ Rs. 2,500 per month which is on lower side. It is submitted that in other heads also amount awarded is also on lower side. It is submitted that in the similar circumstance in M.A. No. 1077/2008 in the same accident where Baldev Singh died whose legal representatives was filed the claim case bearing No. 68/2008 in which appeal was filed and was decided by this Court vide order dated 7th February, 2009 wherein income of the deceased was assessed @ Rs. 4,500 per month. It is submitted that learned Tribunal awarded Rs. 5,21,800. It is submitted that looking to the injuries the amount awarded is on lower side which deserves to be enhanced. It is prayed that appeal be allowed and amount be enhanced.

(3.) UNDISPUTEDLY it is a case of amputation below the shoulder, therefore, as per Schedule -I of Employees Compensation Act, 1923 the disability is 80% which has wrongly been assessed as 100%. Since the accident is of the year 2007 and in connected matter which is a death case amount awarded by Tribunal as Rs. 2,78,000 was enhanced by Rs. 1,75,000, totalling Rs. 4,13,000, therefore, there is no justification in assessing the income @ Rs. 2,500 per month in this appeal. Thus, in this appeal income is assessed @ Rs. 4,500 per month and permanent disability is assessed as 80%, multiplier of 11 ought to have been applied looking to the age. It also appears that in other heads the amount awarded is on lower side. I find it a fit case for enhancement. Appellant is entitled for the following amount: <FRM>JUDGEMENT_1333_TLMPH0_2012.htm</FRM>