RAJENDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant/claimant has filed this Misc. Appeal under Sec. 173 (1) of the Motor Vehicles Act (in short "the Act") assailing the award passed by the learned 4th Additional Motor Accident Claims Tribunal to the Court of 1st Additional Motor Accident Claims Tribunal, Gwalior, in Claim Case No.115/2010 on 19/11/2020, whereby an award of Rs.1,65,070.00 along with 6% interest from the date of filing of the claim petition i.e. 28/9/2009 has been passed.

(2.) Facts in brief giving rise to the claim case are that on 21/7/2019 the appellant sitting in tractor trolley No.MP07-M-0226 was going from Daurar to Mohna. The tractor trolley was diligently driven by its driver. When the tractor trolley reached Barai Pura Tiraha, A.B.Road, Mohna, at about 9 am, one Military Vehicle No.05D 163188W driven by respondent No.2 rashly and negligently hit tractor trolley from backside. The appellant due to the impact of collision along with one Gaji was thrown from the tractor trolley to the road and sustained serious injuries on various part of his body including right hand and leg. He along with Gaji was taken to police Station, Mohana, from where the police sent them for treatment to JA Hospital, Gwalior. A report of the incident was lodged against respondent No.2 at police Station, Mohna, Distt. Gwalior, by Ahsan Khan which was registered at Crime No.120/2009 under Ss. 279, 337 of IPC and after due investigation, charge-sheet was filed.

(3.) Learned counsel for the appellant submits that learned Claims Tribunal ignoring the evidence available on record assessed the income of the appellant as Rs.2,500.00. 40% disability was proved by the evidence of the concerned doctor, but learned Claims Tribunal reduced it to 20% without any basis. Without using multiplier and adding amount in the head of future prospect, on mere guess work, award has been passed for the amount of Rs.1,65,570.00 which is on lower side. It is further submitted that amount awarded for transportation & special diet and under the head of pain & suffering is also on lower side. Therefore, the amount of award may be raised by reassessing the evidence on record regarding income of the deceased and other relevant factors in the light of the evidence and prevailing legal provisions.