JAGPAL Vs. SUDESH KUMAR NAYYAR AND ANOTHER

JUDGEMENT

(1.) The record of this FAO was burnt along with certain other files some time back in the fire incident in the record room of this Court. Learned counsel for the appellant has placed on record copies of one page each of statements of PW-1 Maya Ram and PW-2 Jagpal-appellant in Court today which are taken on record. These are incomplete statements.

(2.) The appellant prayed for the enhancement of amount of compensation on account of permanent disability to the extent of 45% suffered by him in a road accident taking place on 10.6.1998. The claimpetition was filed under Section 163-A of the Motor Vehicles Act, 1988 (for short "the Act of 1988). The Tribunal awarded Rs. 90,000/- as compensation with 12% interest.

(3.) The learned Tribunal determined the income of the appellant at Rs. 2000/- per month. It was contended that this assessment of monthly income is on the lower side as the claimant was a driver and his income was more than a labourer.