GOKUL Vs. RATIRAM AND ANR.

JUDGEMENT

(1.) SINCE all the aforesaid two appeals arise out of the judgment and award dt. 25.4.2005 passed by MACT, Bandikui, hence the arguments have been heard together and they are being decided by this common judgment. Brief facts of the case are that on 14.9.2002 the claimant injured Gokul was coming back on a Motor Cycle bearing No. RJ -14 -23M -9059 on Sariska Bharathari road. A roadways bus bearing No. RJ -14 -P -5368 being driven by its driver came in high speed and in rash and negligent manner and dashed against the Motor cycle, due to which the claimant sustained injuries

(2.) THEREAFTER , First Information Report was lodged. Claim petition was filed. Notices were issued, written statement was filed, issues were framed, evidence was submitted and after hearing the arguments of both the sides, the learned Tribunal has passed the impugned award awarding Rs. 2,98,000/ - in favour of claimant and against the non -claimants.

(3.) LEARNED counsel for the claimant contended that the injured Gokul Singh was doing the job of Motor Electric and agriculture work and was earning Rs. 6000/ - per month after deducting all the expenses, but the learned Tribunal has not assessed the income of the injured whereas the complete income of the injured Gokul Singh was used for the benefit and development of the house members/family. He further canvassed that as per the affidavit of the claimant, the age of the injured Gokul Singh is 45 years. The claimant had suffered 72% permanent disability and for the said reason, he has to suffer for his whole future life. In such circumstances, the compensation awarded by the learned Tribunal is towards lower side.