PARMESHWAR SAH Vs. JAWAHARLAL PRASAD

JUDGEMENT

(1.) Heard learned counsel for the appellant and Sri Sanjay Singh, learned counsel, who has appeared on behalf of Respondent No. 2/Oriental Insurance Company Ltd./lnsurer of the offending vehicle.

(2.) The appellant, who was driver of a truck, bearing Registration No. BR-05G-0848, has approached this Court by preferring the present appeal under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation amount, which has been allowed vide Claim Case No. 46 of 2005 by Judgment dated 19th April, 2011 and Award dated 16.6.2011 by 7th Addl. District Judge-cum-Motor,Vehicle Claim Tribunal, Motihari, East Champaran (herein after referred to as the "Claim Tribunal).

(3.) Short fact of this case is that on 23.1.2004, while the appellant was driving truck, bearing Registration No. BR-05G-0848 and reached Koderma Ghati, he met with an accident. The truck dashed with a rock since a cow suddenly came before the truck. In the said accident, the appellant received multiple injuries. Thereafter, he was treated at Sub-Divisional Hospital, Koderma. In the said accident, his right leg got multiple fractures. During treatment, his right leg below the knee was amputated. The appellant, thereafter, filed a claim petition before the Claim Tribunal, which has been allowed. The Medical Board had granted certificate of disablement, which was to the extent of 70%. The said certificate was brought on record before the Claim Tribunal and on the basis of said certificate as well as income of the appellant, which was Rs. 1,500/- per month as per employer/owner of the offending vehicle, the total compensation amount, adopting multiplier of 17 since the appellant at the time of accident was of 35 years, had come to Rs. 3,06,000/-. Keeping in view the disablement of the appellant as 70% the Claim Tribunal reduced the compensation amount to the extent of 70% and, as such, the compensation amount had come to Rs. 2,14,200/- The claim tribunal further directed to pay Rs. 15,000/- as medical expenses incurred during the treatment as well as Rs. 5,000/- as pain and suffering. The total compensation amount, thereafter, was directed to be paid Rs. 2,34,200/- alongwith interest @ 7% per annum.