RAJARAM Vs. PRADEEP KUMAR & OTHERS

JUDGEMENT

(1.) This judgment shall govern the disposal of Miscellaneous Appeal No.1208/2005 and Miscellaneous Appeal No.1217/2005.

(2.) Miscellaneous Appeal No.1208/2005 is filed by the appellant/claimant under Sec. 173 of the Motor Vehicles Act, 1988 against an award dated 31.08.2005 passed by the learned Additional Motor Accident Claims Tribunal (for brevity, the 'Tribunal') Sabalgarh, District Morena in Claim Case No.1/2005. By the impugned award, the Claims Tribunal has awarded a total of L3,21,300.00 with interest to the appellant/claimant by way of compensation for the injuries which are sustained in an accident occurred on 29.11.2004.

(3.) The appellant/claimant filed a claim application under Sec. 166 of Motor Vehicle Act, 1988 before the Additional Motor Accident Claims Tribunal, Sabalgarh, District Morena for compensation on account of permanent disability. The contextual facts are that on 29.11.2004 at about 11:00 AM, on the request of respondent No.2 Dilip Sharma, the appellant was tightening screw of the cutter attached with the tractor owned by respondent No.1 Pradeep Kumar Sharma. The respondent No.2 Dilip Sharma, all of sudden, started the tractor and put the gear of the tractor, as a result of which the cutter started functioning and the right hand of the appellant got amputated from the shoulder and he also sustained injuries in the ribs. The matter was reported to the Police Station Kailaras at Crime No.284/2004 and the case was registered against the respondent No.2 Dilip Sharma for the offences under Sections 279 and 337 IPC. It was averred that before accident the appellant was working as a Skilled Labourer and as a Milk Vendor by which he was earning L6000.00 per month and due to accident, he has become permanent disabled and can not earn his livelihood. The appellant has claimed the amount of L14,16,000.00 for compensation.