ARBIND TRIPATHI Vs. SARFUDDIN

JUDGEMENT

(1.) Heard learned Counsel for the parties. This appeal has been filed by the appellant aggrieved by the award of the learned Motor Accident Claims Tribunal dated 14th February, 2001 claiming enhancement of amount of compensation. The Tribunal has awarded a sum of Rs. 6,300/- as compensation to the appellant.

(2.) Contention of the learned Counsel for the appellant is that appellant sustained 7% disability and disability certificate has been produced on record as Ext. 10 and the learned Tribunal is wholly unjustified in disbelieving that certificate. The monthly salary of the appellant at the relevant time was Rs. 6,165/- on that basis, the appellant should have been awarded compensation of Rs. 90,000/-. For unpaid leave for 76 days, the Tribunal has awarded only Rs. 1600/-, whereas this amount should be Rs. 15,618/-. It is also argued that the appellant was not awarded any compensation for each of six injuries that he sustained. The amount of compensation be accordingly enhanced.

(3.) Learned Counsel for the respondents opposed the appeal and submitted that the disability certificate had rightly not been believed by the Tribunal because it was not issued by any Neuro expert. The Junior Specialist in Orthopedic issued a certificate of disability after one and half years of the date of accident and assessed disability of 7% on the basis of mere complaint of vomiting and headache, skin disfigurement of scalp and forehead and lower 1/3rd face chin, which cannot at all be accepted. Learned Counsel argued that the leave was applied for in advance and certificate issued by the headmaster of the Government Secondary School, Kathmana, Tonk cannot be believed. Having heard the learned Counsel for the parties and perused the material on record, I find that the award of the Tribunal to the extent that he did not disbelieve the disability certificate with mere fact that some marks were left in the skin of the appellant, cannot be a basis to hold that he has a disability of 7%. However, on the question of unpaid salary, the appellant has relied on Ext.11, the certificate issued by the Headmaster of the Government Secondary School, Kathmana, District Tonk who has categorically certified that the appellant remained on extraordinary unpaid leave for 75 days excluding the one day, prior to the date of accident. The number of days would be thus 75 days and taking the basis of salary of Rs. 6,165/- per month, the appellant would be entitled to two and half months salary which comes to Rs. 15,500/- (in round figure) reducing the amount of Rs. 1600, which has already been awarded to the appellant under that head. The appellant was not awarded any compensation for each of six injuries that he sustained. He is thus held liable for Rs. 6,000/- for each of the six injuries. The amount of compensation under other heads is maintained. The compensation is thus enhanced from Rs. 6,300/- to Rs. 21,500/- (Rs. 15,500+6,000). The appellant was also been entitled to interest 7.5% on the enhanced amount from the date of filing of claim petition.