LAXMAN Vs. BHAGWATI PRASAD

JUDGEMENT

(1.) ON 15.4.1999 the appellant was crossing a road when he was dashed by motor bike bearing No. MP09-JL-2487 driven rashly and negligently by the driver. He received serious injuries and thereafter he has filed the claim application before the Claims Tribunal claiming total compensation of Rs. 2,00,000/-. The learned Claims Tribunal has held that the accident was caused due to rash and negligent driving of the driver of the motor bike and owner, driver and the Insurance Company are responsible for payment of compensation. On the basis of evidence of Dr. Gopal Tiwari the claims Tribunal has held that there was a compound fracture of tibia and fibula of left leg of the appellant which caused him 20% permanent disability and the Tribunal awarded total compensation of Rs. 25,464/- to the appellant, Rs. 15,000/- for permanent disability and remaining amount for treatment. Learned counsel for the appellant submit that compensation awarded by the claims Tribunal is on lower side and it is contrary to Second Schedule of the M.V. Act. Learned counsel for the respondent No. 3 submitted that the compensation awarded is just and proper. It is clear from the evidence on record that the appellant suffered fracture injuries in his tibia and fibula of the left leg. The claims Tribunal itself held that 20% permanent disability was sustained by the appellant. He is aged about 40 years and even if his minimum income as per second schedule is held to be Rs. 1,500/- per month then his yearly income comes Rs. 18,000/- and for the age 40 to 45 years the multiplier is 15. After applying the aforesaid multiplier of 15 total loss of income to the appellant comes to Rs. 2,72,000/- and 20% of it is counted then the compensation comes to Rs. 54,000/- and for the pain and suffering looking to the injuries sustained by the appellant he is entitled to get Rs. 15,000/-. On the basis of above analysis and the evidence available on record, I am of the opinion that the appellant is entitled to get compensation of Rs. 54,000/- for loss of earning of 20% due to permanent disability suffered by him in the accident. Consequently, the appeal of the appellant is partly allowed and the award is modified to the extent that the appellant will get enhanced compensation of Rs. 54,000/- more which shall carry interest @ 6% per annum from the date of filing of the claim application before the Tribunal till realization. No order as to costs.