RADHEY SHYAM Vs. PANKAJ

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act is directed against the award dated 17th September, 2008 passed by the M.A.C.T., Indore in Claim Case No. 220/2007. The appellant had filed the claim petition before the Tribunal stating that he had suffered permanent disability in the accident which had taken place on 26th March, 2007. The Tribunal after appreciating the evidence on record, has reached to the conclusion that the appellant had suffered 25% permanent disability in the right hand and in reference to the whole body the said permanent disability is treated to be 15%. The Tribunal instead of applying the multiplier has awarded a lump sum amount of Rs. 28,000/- under the head of the permanent disability. Under the other heads the Tribunal has awarded a sum of Rs. 18,000/- for the expenses for keeping a driver for six months, Rs. 12,400/- towards actual medical expenses, Rs. 5,000/- for pain and suffering and Rs. 1,600/- for special diet and transportation charges. Thus, the Tribunal has passed an award of Rs. 65,000/- in favour of the appellant.

(2.) Learned Counsel appearing for the appellant submits that the Tribunal has rightly found that the appellant had suffered 25% permanent disability in the right hand but the Tribunal has committed an error in calculating the compensation on account of the permanent disability suffered by the appellant. He submits that the Tribunal ought to have calculated the compensation amount keeping in view the age and income of the appellant and extent of the permanent disability by applying the applicable multiplier.

(3.) Learned Counsel for the Respondent-Insurance Company has supported the award and submitted that the Tribunal has rightly granted the compensation amount keeping in view the injury suffered by the appellant.