DEVIDAS OAD Vs. DHARMENDRA KUMAR GUPTA

JUDGEMENT

(1.) Assailing the award dated 08/04/2013 passed by 8th Additional Motor Accident Claims Tribunal, Bhopal in Claim Case No.713/2011 on the point of inadequacy of the compensation, the injured appellant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 for an accident took place on 29/01/2011 in which he sustained grievous injuries in his right leg and his femur bone was fractured in the motor accident caused by Respondent No.1 by driving truck bearing registration No. UP-70 AT-0063 in rash and negligent manner. Respondent No.2 was the owner of the registered truck and was insured by respondent No.3. The Tribunal has awarded Rs.57,000/- in the head of medical expenses and Rs.18,000/- for loss of income of six months, Rs.20,000/- to meet the expenses of caring by medical attendant and Rs.5,000/- in the head of pain and suffering, total amounting to Rs.1,00,000/-.

(2.) On behalf learned counsel for the appellant it is contended that as per the statement of Dr. Raghvendra Sahu (P.W-3) the injuries received by the appellant has caused 29% permanent disability in his right leg. This opinion of medical expert has been rejected by the learned Tribunal without any basis.

(3.) On perusal of the record the aforesaid contention of learned counsel for the appellant found substance. Looking to the opinion of the medical expert, it is evident that the earning capacity of the appellant has been reduced to 15 % due to 29% permanent disability of the appellant. At the time of accident the appellant was working as a driver. In absence of other evidence his monthly income may be assessed to Rs.3,000/- per month, which amount annually comes to Rs.36,000/-.