JASRATH Vs. ASSAM AND OTHERS

JUDGEMENT

(1.) Jasrath, aged 24 years met with an accident on 21.02.2010, when he and his brother Noorddin were returning to Tauru. They were waiting for a vehicle at Cement Factory Bawla, Mor. At about 6.30 p.m., a dumper driven by respondent no.1, came at a high speed, overtook another vehicle and directly hit the appellant. The accident led to the amputation of his right leg. The appellant used to fix punctures in tyres at Mistri Market in Tauru. The appellant claimed Rs.5,00,000/- as compensation and Rs.2,50,000/- on the amount spent on his treatment, which was still going on.

(2.) The Tribunal gave a categoric finding that the accident occurred on account of negligence of respondent no.1. It noted that FIR had been registered on 26.02.2010 and the driver had been challaned. It noted that the appellant had suffered 70% permanent disability on account of traumatic amputation of the right leg of upper one third on the basis of disability certificate, Ex.PW5/A. Taking into account the medical bills, a sum of Rs.1,20,979/- was awarded towards the actual bills. It noted that there was no documentary evidence on record to prove the fact that he was working at a shop. The income of the appellant was taken to be Rs.4000/- per month by treating him as an unskilled labourer. Assuming the income to be Rs.48,000/- per annum, calculating the loss at 70%, the loss of future earning was taken as Rs.33,600/- per annum and considering the age, a multiplier of 18 was applied and the compensation under the head of loss of future income was taken as Rs.6,04,800/-. A total compensation of Rs.15,000/- was awarded as transportation charges besides Rs.10,000 for pain and suffering. An award of Rs.7,51,000/- was passed.

(3.) The records have been summoned. I have heard both the sides.