SITARAM Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS is an appeal under Section 110D of the Motor Vehicles Act by Sitaram against the award dated 9.6.1988 passed by the Motor Accidents Claims Tribunal, Jaipur, in Motor Accident Claim No. 315 of 1984.

(2.) ON 6.3.1984 when the appellant was going from his village in his camel-cart, truck No. RRR 8555, driven by Mohan Singh, dashed against the cart of the appellant from the backside, as a result whereof the appellant received serious injuries causing fracture of the heel of his right foot and left foot was crushed. The said foot thereafter was removed. The fracture of right foot heel had also not been healed till the application under Section 110A of the aforesaid Act was filed. The appellant filed a claim for Rs. 7,78,000 the details of which are given below: Claims for loss of income

(3.) ON the findings on various issues arrived at, the Tribunal held that the accident occurred due to the rash and negligent driving of the truck by Mohan Singh, which was insured with National Insurance Co. Ltd. and that he suffered loss of income of Rs. 60/-per day. According to its finding the appellant would work on the camel-cart for only 25 days in a month and, therefore, he was entitled to get compensation for those 25 days. Calculating damages at the rate of Rs. 750/- per month, the total amount found payable to the appellant was Rs. 1,62,000/-.