RAJENDRA KUMAR Vs. PRABHU LAL

JUDGEMENT

(1.) This appeal has been filed against the award dated 23.11.2000 of the Motor Accident Claims Tribunal, Sawaimadhopur, awarding compensation in the amount of Rs. 44,470 to the claimant for the injury suffered by him.

(2.) Brief facts of the case are that the claimant suffered injury in an accident took place on 16.2.2000 at 11.40 a.m. nearby shop of Liquor Contractor in Bajaria, Sawaimadhopur due to rash and negligent driving of the respondent No. 1 who was driving truck No. RJ 13 G 0765 owned by respondent No. 2 and insured by the respondent No. 3. It was alleged in the claim petition that the claimant appellant going on Bicycle to his shop along with his younger brother who was sitting on the back seat of the cycle. Though the claimant was on his right side but he was hit by the respondent No. 1 with truck which was driving by him rashly and negligently. Due to the said accident the front tire of the truck passed over the right leg of the claimant appellant. The claimant appellant sustained fracture of femur bone of right leg besides other injuries and sustained disability upto 50%. It is alleged in the claim petition that he lodged an FIR which was registered at Police Station bearing No. 65/2000 against the accused respondent No. 1. The police filed challan against aim. After accident the appellant was taken to the general Hospital Sawaimadhopur on 16.2.2000 and remained admitted in the Hospital upto 4.3.2000. On account of fracture of femur bone he suffered disability upto 50 per cent permanently and he has not been able to walk freely and also to discharge the daily activities. The reply to the claim was filed by the respondents and issues were framed by the MACT The parties produced their evidence. After hearing both the parties, the MACT passed the following award:

(3.) The learned Counsel appearing for the appellant has contended that the MACT has committed gross error while deciding the issue No. 2 partly in favour of the claimant-appellant without separately assessing the amount of compensation of pecuniary and non-pecuniary loss and damages claimed by the claimant appellant. The MACT awarded lump sum compensation of Rs. 13,000 for loss of future income and has not followed the principle of multiplier while awarding the compensation with regard to loss of income and income likely to be suffered by the claimant-appellant. The learned Counsel further argued that the principle of awarding compensation on the basis of multiplier could not have been ignored looking to the fact that the claimant appellant sustained disability upto 25%. The MACT erred in awarding only Rs. 13,000 for the injuries suffered by the claimant appellant against the claim of pain and suffering. The MACT has only awarded a meagre amount of Rs. 4,970, overlooking the fact that the same was inadequate looking the permanent disability upto 25% by the claimant appellant. Hence it was prayed that the amount should be enhanced from Rs. 13,000 to Rs. 40,000 on account of permanent disability of 25%.