HEERA LAL Vs. HEMRAJ & ORS

JUDGEMENT

(1.) Challenge in this appeal is to the award dated 16th August, 2011, whereby the Motor Accident Claims Tribunal, Jaipur District, Jaipur (here-in-after to be referred as the 'Tribunal'), decreed an amount of Rs. 11.01,635/-, in favour of the appellant and against the respondents. Being dissatisfied and aggrieved with the said amount, the appellant has beseeched to enhance the quantum of compensation.

(2.) Learned counsel for the appellant has impugned the award only on the ground that the appellant Heera lal lost the job on account of his left hand being amputated. He was working in Railways on the post of Cabin Man. His monthly salary was Rs. 12,869/-, but the Tribunal deducted the amount of pension from the salary and further considered only 80% permanent disability for the purpose of computing the amount towards the loss of his future income. Learned counsel canvassed that firstly, the Tribunal deducted the amount of his pension, from the total salary and thereafter, considered only 80% permanent disability, whereas, the Tribunal ought to have considered 100% permanent disability keeping in view the nature of his injury and further, the fact that he lost his employment. Hence, the award passed by the Tribunal is not just and the same needs to be enhanced and thus, the appeal deserves to be allowed.

(3.) Having reflected over the submissions made by the learned counsel for the appellant and from a bare perusal of the impugned award, it is revealed that the Tribunal is found to have rightly reduced the amount of pension from his monthly salary, as the amount of pension to the tune of Rs. 5,472/- was being received continuously by the claimant, subject to the increase in Dearness Allowances as per rules. If there is any increase in Dearness Allowances, in future, that shall also be permissible to the appellant.