DIVISIONAL MANAGER, ORIENTAL COMPANY LTD., MOTJHEEL, MUZAFFARPUR Vs. SACHINDRA THAKUR S/O RAM UGRAH THAKUR

JUDGEMENT

(1.) HEARD learned counsel for the appellant and respondent no.1, the claimant. There is none appearing on behalf of the respondent no. 2, the owner of the vehicle involved. With consent of learned counsel, present, this appeal is being disposed of at the admission stage itself.

(2.) THIS appeal has been preferred against judgment dated 20th December, 2005 passed by 6th Additional District Judge -cum -Motor Accidents Claim Tribunal, Muzaffarpur, M.V. Claim Case No. 146/2003. It is undisputed that respondent no. 1 brought the case before the claim tribunal for being compensated to the loss suffered by him in accident, wherein he had to lose his leg and capabilIty to continue in his employment as a driver. The court below on basis of salary structure of the applicant arrived at the conclusion that he was entItled for sum of Rs. 8,17,993/ - which arrived after deduction of 35% from total income payable after use of multiplier 13 in his yearly income.

(3.) THE main grievance against the findings of the court below has contended by learned counsel for the appellant is that claim tribunal has calculated the amount payable to the claimant on basis of his total monthly emoluments without making any deduction which ought to have been done under law. It was also contended that since the applicant has already been adjusted by his employer (Union of India) and retained him in the service of course in Junior Clerical Category on basis thereof, it was contended that in fact there was no loss of income accrued to the claimant so the entire calculation of the claim tribunal is baseless.