OMPAL Vs. USHA RANI AND OTHERS

JUDGEMENT

(1.) The Motor Accidents Claims Tribunal, Bhiwani (Tribunal for short) granted compensation to the tune of Rs.3,00,000/- to the appellant on account of injuries received by him in a motor vehicle accident. Enhancement is sought.

(2.) The appellant was injured in a road accident which occurred on 26.4.2002 while he was travelling in a jeep, which had not been given a registration number till then and was being driven by Krishan, who was also the owner of the vehicle. The driver died while the appellant was seriously injured.

(3.) Counsel for the appellant contended that though as per medical evidence, there was 100% disability suffered by the appellant on account of the injuries received in the accident but multiplier was not applied. The Tribunal awarded a lump-sum amount of Rs.3,00,000/-, which included the expenses on treatment and transportation, compensation for pain and suffering as also for the disability. The income of the appellant was not taken into consideration. He was an ex-serviceman and it was categorically pleaded that he was earning Rs.8000/- per month from agriculture and dairy farming. Counsel for the Insurance Company, per contra, argued that pleadings could not be proof of income of the injured and also it was nowhere mentioned in the petition that he was an ex-serviceman.