ABDUL RASHID KHAN Vs. NETAJI

JUDGEMENT

(1.) IN a motor road accident which had taken place on 17.2.1999, appellant, a retired Government servant, had sustained bodily injuries. In the said accident his left leg, above knee, had to be amputated. He had retired from the post of Dy. Ranger, and was aged more than 55 years on the date of the accident. The Claims Tribunal, after appreciating evidence available on record, has awarded a sum of Rs. 1,56,565/-. This appeal is against the award dated 25.7.2001 passed in M.V. Case No. 52 of 99 by Motor Claims Tribunal, West Nimar, Mandleshwar for enhancement.

(2.) LEARNED counsel for the appellant submitted that at the time of recording of his evidence, the appellant was aged 55 years and now he is aged about 61 years. Some of the documents filed by appellant show that in the year 1999 he was described as 65 years of age, but some of the documents of course show that he was aged about 55 years. Since appellant had retired from Government service, he could have very well produced the document showing his exact date of birth. Learned counsel for appellant has also placed reliance on a judgment of the Supreme Court reported in 2001 ACJ 1033 [Imtiaz v. National Insurance Co. Ltd and others], to contend that in a case of amputation of right leg below knee, the Supreme Court has awarded a sum of Rs. 2,00,000/-. In this judgment the age of the appellant has not been mentioned. Thus, it cannot be said as to what was the age of appellant Imtiaz at the time of the accident. However, looking to the facts and features of the case, we are of the opinion that the amount awarded is on little lower side and deserves to be enhanced.