GOPI CHAND Vs. RAM KARAN

JUDGEMENT

(1.) This appeal has been filed by the appellant Gopi Chand against the award of the Motor Accidents , Claims Tribunal, Kotputali, which has been pleased to award a compensation of Rs. 1,26,000 (rupees one lakh twenty-six thousand only) for the injury sustained by him in the accident caused by the vehicle which was insured with National Insurance Co. Ltd., the respondent No. 3 herein. The principal ground of challenge to the impugned award is that the amount determined towards compensation is inadequate considering the nature of injury sustained by the claimant-appellant.

(2.) Since the factum of accident and the negligence of the vehicle causing the accident is not under challenge, it is considered inessential to enter into the facts in detail in regard to the accident. Suffice it to say that the claimant Gopi Chand was aged 28 years, who earned his living by selling vegetables. On the date of the accident also he was travelling on truck No. RNG 3488 loaded with 50 bags of cucumber and kakri from Santhala towards Delhi when this truck overturned at Shahpura due to rash and negligent driving of the driver of the aforesaid truck. Claimant-appellant claimed earnings of Rs. 3,000 per month out of this occupation. On account of this accident the appellant admittedly sustained grievous injuries all over his body including his spine. He had to undergo treatment at Shahpura Hospital and thereafter, in Government Hospital, Tonk and finally in S.M.S. Hospital, Jaipur where he remained for about a month but even thereafter his treatment continued for approximately one month and due to this prolonged treatment his hands and legs are practically paralysed without any sensation therein and the doctor has certified that his permanent disability is to the extent of 87.6 per cent. Consequently, the appellant is not in a condition to undertake any job and requires the assistance of another person even for his daily routine affairs.

(3.) The Tribunal did not accept the plea of the claimant regarding his income to the extent of Rs. 3,000 per month but it held that the appellants income per month was not less than Rs. 1,000 and considering the percentage of his injury, his loss of income has been assessed at Rs. 870 per month since the injury sustained by him is 87.6 per cent. The annual income of the appellant was thus Rs. 12,000 and since he was 28 years of age at the time of accident, a sum of Rs. 1,04,400 (rupees one lakh four thousand and four hundred only) has been awarded for loss of income, Rs. 20,000 (rupees twenty thousand only) has been awarded towards mental pain, agony, food and nourishment and Rs. 1,600 has been awarded towards medical expenses. In all a sum of Rs. 1,26,000 has been awarded towards the compensation claimed by the appellant.