PRADEEP SHARMA Vs. HARPAL

JUDGEMENT

(1.) This Miscellaneous Appeal under Section 173(1) of the Motor Vehicles Act has been filed by the claimant/appellant being aggrieved of award dated 21.12.2017 passed by the Court of First Additional Motor Accident Claims Tribunal, Shivpuri in Claim Case No.500180/2016 on two grounds, namely; the income of the injured has been considered at Rs.3000/- per month to compute the compensation, whereas on the date of the accident since appellant was working as a driver, minimum wages for a semi-skilled labourer were Rs.6,025/- per month. Secondly, it is submitted that overlooking the medical evidence to the effect that as per the provisions contained in Workman Compensation Act, 1923 (Schedule-1 Serial No.24) loss of all toes of one foot through the metatarso-phalangeal joint is equivalent to loss of earning capacity to the extent of 20%.

(2.) It is submitted that the appellant had sustained fracture of femur bone and Dr. A.L. Sharma (P.W.2) had opined that lower part of the femur bone was completely destroyed and it was operated upon at Indore. There was 28% reduction in the mobility of that limb below knee and 10% handicap was taken into consideration on account of such loss of power in said limb and because of inability of the appellant to squat, 10% disability was assessed totalling 18%. It is submitted that however, Tribunal has only considered loss of earning capacity at 5% and has computed the compensation accordingly.

(3.) Learned Claims Tribunal has awarded a sum of Rs.30,600/- taking notional income of the injured/appellant at Rs.36,000/- per year and considering functional disability at the rate of 5%. Besides this, Rs.1,00,000/- on the basis of bills and prescription produced for the treatment and Rs.5000/- under the head of transportation. Another sum of Rs.10,000/- has been awarded under the head of special diet, attendant etc. and Rs.5000/- under the head of pain and agony. Rs.18,000/- under the head of loss of income for six months has been awarded.