RAJ KUMAR DAS Vs. UNITED INSURANCE COMPANY LTD.

JUDGEMENT

(1.) The instant appeal has been directed against the award dtd. 12/9/2006 passed by the Learned Judge, motor Accident Claims Tribunal, Fast Track 4th Court Paschim Medinipur in MAC Case No. 699 of 2004. The present appellant was the sole claimant before the Learned Tribunal who sustained a grievous injury in a road traffic accident. On the application u/s 166 of M.V. Act the Learned Tribunal has allowed the compensation in favour of the appellant amounting to Rs.5, 50,000.00against which the instant appeal is preferred on the ground of inadequacy.

(2.) The brief fact of the case is that on 18/4/2004 at about 5:30 p.m. the appellant was travelling in a bus no. WB33/5245 as its helper. While the said bus was on motion it was being driven by high speed as a result of which due to application of sudden break the rear wheel of the bus got detached and the foot board of the rear door was forcibly pressed, the petitioner who was standing on the foot board as a helper sustained grievous injury. He was admitted to hospital, recovered, but he became permanently disabled and lost his capacity of earning.

(3.) Learned Advocate for the appellant raised several points before this appellate court. it is the submission of the Learned Advocate for the appellant that the appellant was a Khalasi and he lost both his ankles. The disability certificate shows the disability as 60% but he actually could not walk without any crutch and it is not possible for him to join his job as Khalasi. In this case, his functional disability would be 100%. In support of his contention he cited a decision of Honble Supreme Court passed in Jagdish Vs. Mohan (2008) 4 SCC 571, wherein the claimants both hands are become not functional due to a road traffic accident after observing the fact and scenario of that case the Honble Supreme Court has held that in this case the disability of the claimant should be calculated as total disability.