NANDKISHORE Vs. SURESH KUMAR VIJAYVARGIYA

JUDGEMENT

(1.) THIS is an appeal by the claimant/appellant. This appeal under section 173 of the Motor Vehicles Act ("act". hereafter) arises out of Award dated 29-07-2005 passed by learned First Motor Accident Claims Tribunal, shajapur in Claim Case No. 11/05 whereby the claimant/appellant has in all been awarded Rs. 1,92,688. 00 along with 6% yearly interest and costs as compensation consequent to 60% permanent disablement as a result of vehicular road accident. The claimant/appellant has submitted that the amount as awarded by the learned Tribunal is on a lower side, hence this appeal for its enhancement.

(2.) THE claimant/appellant got injured in a road transport accident and he submitted a claim petition before the learned Motor Accident Claims tribunal under Section 163-A of the Act. He therein alleged that he was rendered permanently disabled as a result of accidental injuries under reference. The injuries referred was a fracture in his right leg and another fracture in his right hand. He also submitted that he was a Mason by profession and was earning Rs. 100-125 per day. He further submitted that due to the accident he had to incur different expenses and in all he claimed a compensation of Rs. 6. 00 lacs.

(3.) AT the conclusion of the inquiry, the learned Tribunal found that the claimant/appellant as a result of the injuries under reference due to accident in question turned permanently disabled to the extent of 60%. The Tribunal also found that the claim of the appellant that he was a Mason earning Rs. 100-125 per day was not established by evidence. The Tribunal treated him to be a non-earning member and under the provisions of II nd Schedule of the Act applying the notional income, calculated the loss of income due to the accident to the extent of Rs. 1,44,000. 00 and added to that Rs. 5,000. 00 as compensation for pain and suffering and Rs. 5,000. 00 as transport charges and Rs. 38,188-00 as medical reimbursement. Accordingly, the Tribunal reached up to a total figure of Rs. 1,92,688. 00 as compensation payable along with 6% interest and costs. The Tribunal directed the same to be paid jointly and severally by the concerned Respondents who are respectively owner, driver and Insurer of the offending vehicle. According to the learned Counsel for the appellant, the learned Tribunal fell in error when it did not accept the evidence of the claimant / appellant relating to his being a Mason earning Rs. 100-125 per day. He, therefore, argued that the appeal deserves admission as the income of the appellant has got to be considered as claimed by the claimant.