VIJAY KANT UPADHAYA Vs. SIDESHWAR PRASAD

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and Award dated 20th December, 1996, of the Motor Vehicle Accident Claim Tribunal, presided over by Shri Bishwanath Prasad Singh, 1st Additional District Judge, Palamau, Daltonganj, in V.M. Case No. 16 of 1987.

(2.) IT appears that the appellant has suffered some loss on account of injury caused to him in an accident. He is said to have been hit by a car, being registration No. B.P.N. 36 belonging to respondent No. 1 and ensured by respondent No. 2. It appears that the appellant has remained confined in the Hospital for a period which is a little less than eight months. However, from the impugned order of the lower court it appears that he was hospitalised for a period of six months. The impugned award has been challenged regarding the quantum of compensation.

(3.) SO far as compensation fixed by the court below towards loss of income is concerned, it has been done on account of the fact that there was no positive material available on record to the effect that he was an Income Tax Payee nor any paper was produced regarding the income from contract as well as agriculture. So the court below assessed the loss of his income on the basis of materials and evidence available on record and there does not appear to be any reason to interfere with its finding in this regard.