RAMBIR Vs. DINESH KUMAR YADAV AND OTHERS

JUDGEMENT

(1.) These are two appeals filed by the claimants seeking enhancement in the award dated 02.11.2013 passed by the Motor Accident Claims Tribunal, Panchkula (here-in-after referred to as the Tribunal).

(2.) Few facts of this appeal need to be detailed first. The claimant Rambir alongwith his colleague Kailash were going towards Kalka. When they were near Gandhi Chowk, a truck driven by respondent no.1 came in a rash and negligent manner and hit them. The truck had initially struck against a Indigo car damaging the right side and then hit the pedestrian namely Rambir and Kailash. Kailash suffered injuries on both the legs and died later while Rambir sustained a disability of 10%. An FIR was registered the same day.

(3.) In the claim petition filed by Rambir it was claimed that the injured was a tailor and was earning Rs.8,000/- per month. The Tribunal took the monthly income at Rs.8,000/- and assessed the disability using the multiplier of 18 and awarded a sum of Rs. 1,47,603/-.