(1.) This appeal is filed by the Union of India challenging the award dated 30.07.2007 passed by the Motor Accident Claims Tribunal, Bhadarwah primarily contending that in this case of injury, the Tribunal has granted compensation on the basis of 60 % disability suffered by the claimant. It is further stated that the amount on account of medical expenses has been granted without there being any vouchers/bills and medical certificates, therefore, compensation of Rs. 7,45,200.00 has been erroneously determined. To simplify the findings, the following extract from the judgment is reproduced as follows:
(2.) The Tribunal has not applied its mind while granting compensation in this case, as multiplier neither can be adopted higher than 18 in a case of death nor in a case of injury. This has been clarified in the decision of Supreme Court in case of U. P. State Road Transport Corporation and others Vs. Trilok Chandra and others, (1996) 4 SCC 36
(3.) In this case, compensation has been granted erroneously by the learned Tribunal by applying 23 as multiplier for fixing the compensation. More so, the Tribunal has failed to determine the compensation on the appropriate heads, namely, loss of income due to disability suffered, pain and suffering, medical charges, if any, attendant charges, if any, extra nutrition and transport charges, if proved. Instead the learned Tribunal has awarded compensation in an erroneous manner.