JAGADISH SINGH Vs. RANJIT KUMAR DAWN AND ANOTHER

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 (hereafter the 'Act') is directed against an award dated 21st February, 2007 passed by the Motor Accident Claims Tribunal, First Court, Asansol in M.A.C. Case No. 109 of 2005.

(2.) The appellant was the claimant before the tribunal. He had suffered an injury on his right forearm as a result of a motor vehicular accident on 1st September, 2003. It was certified by the medical board of Sub-Divisional Hospital, Asansol that the claimant had suffered 45% disability having neural weakness of right hand and forearm.

(3.) In the application under Section 166 of the Act, the appellant claimed Rs. 24,00,000/- on account of compensation from the owner of the offending vehicle or the insurer thereof, whoever is found liable. Considering the evidence that was adduced, the tribunal was of the view that the appellant had failed to establish that he was earning Rs. 31,500/- as monthly salary. The tribunal was further of the view that the disability certificate issued by the Sub-Divisional Hospital, Asansol could not be believed, although we find that no specific reason was assigned as to why the certificate did not appeal to the tribunal to be creditworthy. A finding was also recorded by the tribunal that the appellant had not been rendered jobless because of the injuries suffered by him. Despite these perceived infirmities connected with the claim of the appellant, the tribunal proceeded to determine compensation in a sum of Rs. 2,50,000/- (Rs.2,00,000/- for medical treatment and Rs. 50,000/- for pain and sufferings) to be paid by the insurance company within two months from date of delivery of judgment failing which the said sum would carry interest @ 6% per annum.