RAJEEV AGARWAL Vs. RAMPAL YADAV

JUDGEMENT

(1.) THIS appeal is filed by the claimant challenging award e dated 5th February, 2000 passed by 9th Addl. Member Judge, Motor Accident Claims Tribunal, Gwalior in Claim Case No. 1/96 whereby the Claims Tribunal has awarded an amount of Rs. 40,200 to the claimant towards compensation for the injuries sustained by him.

(2.) THIS appeal is filed for enhancement of compensation. Brief facts of the f case are that on 5th June, 1995 the applicant was going on his bicycle. When he reached near the Shinde Ki Chhawni a truck bearing registration No. MIH 7536, which was driven rashly and negligently by its driver, dashed against him which has resulted into injuries on his left hand. Claims Tribunal in para 10 of its judgment has relied on the statement of Dr. Gaikwad, AW 3 who was the treating doctor and has come to the conclusion that there was a fracture in third metacarpel bone of the claimant due to which his fingers of the left hand were stiffed and could not be moulded and on the basis of said finding awarded Rs. 20,000 towards loss of earning capacity, Rs. 2,000 towards loss of income for one and half months, Rs. 5,000 towards pain and suffering, Rs. 12,700 towards medical expenses and Rs. 500 towards special diet and has thus awarded in all an amount of Rs. 40,200.

(3.) THUS , from the statements of this doctor it is clear that the present appellant claimant has suffered permanent disability to the extent of 50%. He was aged 14 years at the time of incident. Considering this fact the compensation has to be assessed on the basis of notional income because a boy of 14 years is not expected to do any work for earning his livelihood. Moreover, there is no positive evidence on record to show that the appellant was working member or had any income. Considering this fact his yearly income can be assessed to Rs. 15,000 which is his notional income and as there is 50% disability, for assessment purpose the income is reduced to Rs. 7,500 and a multiplier of 15 is applicable at the age of 14 years. Thus, the compensation comes to Rs. 1,12,500. Court below has awarded an amount of Rs. 12,700 towards medical expenses and Rs. 500 towards special diet.