MANGI LAL Vs. CHHAGANLAL

JUDGEMENT

(1.) THIS appeal has been preferred under Section 173 of the Motor Vehicles Act against the judgment and award dated 17.7.1999 passed by the Judge, Motor Accident Claims Tribunal, Udaipur in M.A.C. Case No. 130/1994.

(2.) SHORT facts of the case are that on 11.11.1989, the appellant was travelling in jeep No. RSJ 6221 which was driven rashly and negligently by the respondent no.1. The jeep was rolled down and the present appellant suffered severe injuries. He remained in hospital for one month. His ribs were fractured and spline was damaged and during operation it was removed. He preferred a claim petition which was partly allowed. Hence this appeal for enhancement of the compensation.

(3.) HEARD learned counsel for the parties and perused the impugned award as well as the record of the learned Tribunal. Permanent disability certificate(Ex.8) has been produced before the court below and it was also proved by Dr. A.K. Mehra who was a member of the Medical Board. His evidence has been discarded only on the ground that he is not a surgeon and he is orthopedician, but competence of Dr. A.K. Mehra and other members of the Medical Board cannot be questioned. They are doctors and by examining the claimant medically, the certificate has been given which was not rebutted by any of the evidence of the Insurance Company and the certificate amply proved that the claimant has suffered 25% permanent disability and further it has been stated in the certificate itself that splenectomy was done as the claimant has received injuries in abdomen. Only Rs.20,000/ - has been awarded for the injuries whereas looking to severe injuries suffered by the claimant and looking to the income of the claimant which has been assessed by the learned Tribunal as Rs.1,000/ - per month and looking to the age of the claimant, multiplier of 16 would be appropriate multiplier. Hence, the present appellant is entitled for a fair compensation of 1000 x 12 x 16 = Rs. 48,000/ - instead of Rs.20,000/ - as awarded by the learned Tribunal on this count and after deducting Rs.20,000/ - awarded by the learned Tribunal, the appellant is entitled for compensation of Rs.48,000/ - - Rs.20,000/ - = Rs. 28,000/ - with interest 8% per annum on the enhanced amount from the date of filing of the petition, i.e. 10.5.1990.