OSMAN SK. ALIAS USMAN SK. Vs. CHOLA MANDALAM

JUDGEMENT

(1.) The Motor Accident Claims Tribunal, 1st Court, Suri, Birbhum was approached by the appellant by presenting an application under section 163- A of the Act of the Motor Vehicles Act, 1988 (hereafter the Act), registered as M.A.C. Case No.103 of 2012. He sought for compensation in a sum of Rs. 8,00,000/- for permanent disablement (amputation of right leg) suffered in a road accident involving use of a motor vehicle bearing registration no. WB-53A/7247 (hereafter the dumper). On an amendment being sought for, which was granted, the application was converted into one under section 166 thereof. The tribunal framed 6 (six issues), which are usually framed in like cases as to whether the claim application is maintainable, did the accident occur because of rash and negligent driving of the offending vehicle, did the claimant suffer injury as a result of the accident and to what extent, is the insurer liable, what is the quantum of compensation payable, and what other relief the clamant is entitled to, and answered the same in favour of the appellant. Vide award dated February 12, 2015 of the tribunal, he was found entitled to and, accordingly, awarded Rs. 5,03,200/- together with interest @ 9% p.a. from the date of presentation of the application till payment, to be paid by the insurer (opposite party no.2 before the tribunal).

(2.) Aggrieved by such award, the appellant has presented this appeal under section 173 of the Act. Primarily, the grievance is in respect of the quantum of compensation determined and awarded by the tribunal.

(3.) The tribunal found the appellant to be 19 years of age on the date of the accident i.e. December 15, 2011, having suffered 80% permanent disablement. Although he claimed to earn Rs. 3,300/- per month by working as labourer in a stone crushing unit, no evidence could be produced in support of such earning which necessitated assessment of notional income by the tribunal drawing inspiration from the decision of the Supreme Court reported in 2008 (12) SCC 165 (Laxmi Devi v. Mohd. Tabbar). The tribunal then selected 14 as the multiplier and assessed loss of future earning as Rs. 4,03,200/- (80% of Rs. 36,000/- x 14). In addition thereto, it awarded Rs. 50,000/- each on account of medical expenses and compensation for pain and suffering. This is how the tribunal reached the figure of Rs. 5,03,200/-.