KADIR Vs. MOIN

JUDGEMENT

(1.) THIS civil misc. appeal has been preferred by the claimant -appellant against the order dated 3.4.1997 passed by the Motor Accidents Claims Tribunal, Tonk, in Case No. 215 of 1994 by which a sum of Rs. 1,59,000 had been awarded as compensation to the claimant.

(2.) THE claim was filed by the present appellant for compensation because of the injuries sustained by him in the accident on 7.5.1994 when he was working as a 'khalasi' on truck No. RJK 9273; he was asked by the driver of the truck, respondent No. 1 to remove gitty from the tyre and also check oil and water level. On the instructions of the driver, when he was on the job, the driver without any warning and in a rash and negligent manner drove the truck injuring the claimant -appellant on his right leg and right hand which were fractured. The claimant was at the time 20 years of age. His ulna bone of right hand and femur bone of right leg were fractured. He was treated in Tonk and Jaipur hospitals and had been attending to the doctors for months together. He remained under plaster for many months and also bed rest. It is stated that he is unable to move his right leg properly; movement of knee is restricted and leg has been shortened by 2 1/2 inches. As per his statement he had spent about Rs. 60,000 on treatment and even after his deposition before the Tribunal, he had spent further amount. The appellant's case is that because of the injuries and restricted movement of knee and shortening of leg, he is completely unable to do the job and has become jobless. His permanent disablement is of 25 per cent.

(3.) THE Tribunal after finding the negligent act of the driver of the truck had assessed the annual income at the time to be Rs. 12,000 and awarded loss of Rs. 3,000 per year, i.e., 25 per cent of the income for 18 years, i.e., Rs. 54,000. It was observed that even after two years of the accident the claimant was still being treated and on that account for loss of pay of Rs. 36,000 was further awarded. He was awarded compensation for suffering for being in plaster for three months and for going to Jaipur time and again, i.e., another amount of Rs. 10,000. Rs. 9,000 was granted towards medical expenses and another Rs. 10,000 for special diet, etc. and another Rs. 20,000 was awarded for suffering, etc., as stated total amount as granted was Rs. 1,59,000.