LAWS(HPH)-2009-1-10

RAJ KUMAR Vs. SATPAL

Decided On January 01, 2009
RAJ KUMAR Appellant
V/S
SATPAL Respondents

JUDGEMENT

(1.) THIS appeal by the claimant has been filed for enhancement of compensation.

(2.) THE admitted facts are that the claimant is a labourer. He was travelling in Truck no. HP-14-4817 in the capacity of cleaner / labourer. The said truck met with an accident. The claimant suffered serious injuries in the accident. He was first taken to P H C Chandi. Thereafter, he was referred to P G I Chandigarh where he remained admitted from 3rd May, 2002 to 12th May 2002.

(3.) THE claimant filed a claim petition under section 166 of he Motor Vehicles Act. The learned Motor Accident Claims Tribunal (MACT) allowed the claim petition. It found that the petitioner had sustained 75% disability and also found that the petitioner was working as labourer. Learned Tribunal however without even assessing the income of the injured allowed the compensation to the petitioner as follows: