LAWS(RAJ)-2012-2-45

PANNEY SINGH Vs. SHARAD KUMAR

Decided On February 01, 2012
PANNEY SINGH Appellant
V/S
SHARAD KUMAR Respondents

JUDGEMENT

(1.) The claimant injured Panne Singh has preferred this appeal before this Court under Section 173 of the Motor Vehicles Act, 1988 seeking enhancement of the compensation awarded to him by judgment dtd.31.5.1997 passed by the learned MACT, Sojat, Dist. Pali in his claim petition No.171/1992, which was filed for Rs.12,55,716/- and the learned Tribunal has awarded compensation to the tune of Rs.6,93,000/- with interest @12% to be paid from 24.3.1986, the date of filing claim petition till the date of payment.

(2.) On 29.9.1985 in the night at about 10.30 p.m., when the injured claimant was travelling in Super Deluxe bus Bo.RNP 501, the same met with accident with truck No.RRZ 6938 coming from opposite side and the present claimant appellant's right hand got crushed and ultimately had to be amputated from shoulder and one more person Sumer Singh travelling at seat No.35 lost his life. The claimant appellant Panne Singh was a practicing advocate of Rajasthan High Court and was aged about 34 years on the date of accident.

(3.) The learned Tribunal while determining the compensation has taken only the income of Rs.30,000/- per year and applying the multiplier of 18 has awarded a sum of Rs.5,40,000/- under the head of 'loss of income' and non-pecuniary losses for physical and mental agony to the extent of Rs.50,000/- and permanent disability to the extent of Rs.25,000/- and Rs.45,000/- for transportation for coming from residence to Court, Rs.3000/- for medical treatment and Rs.5000/- for other expenses, thus, a total sum of Rs.6,93,000/- was awarded by the learned Tribunal.