GOVIND NAYAK Vs. SHYAM SUNDAR SONI

JUDGEMENT

(1.) BEING dissatisfied with the compsnsation of Rs. 23,000/ - awarded by the Tribunal against the claim of Rs. 40,000/ - under the Motor Vehicles Act, 1939 (in short 'the Act'), the injured claimant has preferred this appeal under Section 110 -D of the Act.

(2.) CLAIMANT was the helper of the truck bearing registration No. ORU 3697 and it is not in dispute that he was a workman. While moving in the truck on 4 -5 -1979 at about 9 p.m. the truck met with an accident. On account of the accident of the truck the claimant sustained injuries resulting in amputation of his right leg below the knee joint leaving a stump. Out of the claim of Rs. 40,000/ -, the medical expenses incurred were said to be Rs. 5,000/ -.

(3.) ON the submissions of both parties, the question for consideration is whether the Tribunal under the Act is to be guided by the rates provided under the 1923 Act to determine the just compensation.