SANTARA Vs. UMMED SINGH

JUDGEMENT

(1.) AGGRIEVED by the award dated 13.04.2005, passed by the Motor Accident Claims Tribunal, Khetri, Jhunjhunu, whereby the learned Tribunal has granted a compensation of merely Rs.95,390/-, the appellant, who has suffered 36.67% permanent disability, has knocked the doors of this Court.

(2.) SHORTLY the facts of the case are that on 23.04.2001, Smt. Santra along with other persons, was going to village Morwa in a Jeep, bearing registration No.H.R.-18-1898. A bus, bearing registration No.RJ-18P-1080, was going towards Pilani in a high Speed. The Jeep driver, the respondent No.3, while driving the Jeep in rash and negligent manner, suddenly used the brakes. The Jeep dashed against the bus from the back. Consequently, while Dayaram died, the others, including the present appellant, sustained grievous injuries. Hence, the claimant-appellant filed a claim petition before the learned Tribunal against the respondents. The respondents filed their reply to the claim petition and denied the averments made therein. On the basis of the pleading of the parties, the learned Tribunal framed five issues. The learned Tribunal recorded the evidence on behalf of the claimant-appellant. After going through the oral and documentary evidence and after hearing both the parties, vide award dated 13.04.2005, the learned Tribunal partly allowed the claim petition in favour of the claimant-appellant as aforementioned. Since the compensation awarded by the learned Tribunal is a meager one, this appeal before this Court.

(3.) ALTHOUGH the appellant has pleaded that she was earning Rs.3,000/- per month as a labourer, but she has not been able to establish this fact. Therefore, the minimum wages, which were prevalent in the year 2001, should be taken into account. In the year 2001, an unskilled labourer was entitled to payment of Rs.73/- per day. Therefore, the appellant would have earned Rs.2,190/- per month. Considering the fact that at the relevant time, the appellant was 30 years old, a multiplier of 18 should be applied. Thus, the compensation for 36.37% permanent disability should be calculated as under : 2,190 X 18 X 12 = 4,73,040/- Taking 36.67% of the total amount, the loss suffered by the appellant comes out to be Rs.1,73,470/-.