RANJIT SINGH Vs. GURMIT SINGH AND ORS.

JUDGEMENT

(1.) THE appeal is against the decree of dismissal of the petition for compensation. The Petitioner suffered an amputation of his leg above knee in an alleged accident involving the first Respondent's vehicle. The claimant contended that he was a Cleaner in the truck of first Respondent and the accident took place when the vehicle turned turtle and he received serious injuries. The Petitioner rest contended with his own evidence that he was a Cleaner and the accident took place on account of a motor accident and examined also a Doctor to say that his leg was amputated and the disability was 65%.

(2.) THE Petitioner was definitely entitled to favorable consideration, if only appropriate evidence had been let in to show that there was an involvement of the Respondent's vehicle bearing registration No. PB -12 -A -9885. The driver as well as the owner of the truck had been made parties and filed statements contending that there was no such accident. In the statements, it was however accepted that the claimant was working as a Cleaner under the second Respondent but that was before the accident.

(3.) THE appropriate remedy in a situation like this must have been to file a petition for compensation under the Workmen's Compensation Act. He gave evidence to the effect that he was earning Rs. 2,000/ - per month. I have taken the same and apply the scales of compensation as provided by the Workmen's Compensation Act to hold that the compensation would be Rs. 1,44,000/ - (Rs. 2,000/ - x 50% x 65% x 222.71). The amount shall also attract the interest @ 12% p.a. from the date of filing of petition till the date of payment.