SOURAJ SINGH Vs. MUNNALAL

JUDGEMENT

(1.) This appeal is preferred by the claimant under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation. The 9th Additional Motor Accident Claims Tribunal, Gwalior vide award dated 9th August, 2002, in Claims Case No. 155/97 has awarded a sum of Rs.1,29,700/- towards compensation to the present appellant for injuries sustained by him.

(2.) The only question involved in this case is that of quantum. Hence, this Court need not to be referred the other facts. The accident has occurred on 1st June, 1996. At that time, the appellant was travelling in a jeep and going towards Behind. He was sitting in the back side of the jeep. The said jeep met an accident with a mini bus bearing registration No. M.P.07-F0430. The claimant sustained injuries in his both legs. According to the claimant, he was carrying on business of selling snacks (chat and panipuri) on a handcart at Ahmedabad and was earning Rs.6,000/- per month. The Claims Tribunal has assessed his income at Rs.1,500/- per month and awarded compensation accordingly.

(3.) In the present case, no definite evidence about income of the appellant-injured from the business carrying on by him, still a person aged about 35 years of age is supposed to earn his livelihood. In absence of any specific evidence about the income of the appellant and the business of the appellant, I can assess his income on the basis of daily wages.