BANWARI LAL Vs. BHAG CHAND PRAJAPAT

JUDGEMENT

(1.) The appellant is not satisfied with the quantum of compensation awarded by the learned Motor Accident Claims Tribunal, Karauli in Claim Case No.15/2018 vide award dtd. 29/3/2019. The Tribunal has awarded Rs.8,78,109.00 along with interest of 8% from the date of application against claim of Rs.47,09,000.00.

(2.) The appellant was driving his Tempo on 23/8/2017 at about 7 PM near Gulab Bagh, Karauli. A Tanker bearing registration No.RJ-47/GA-0612 came rashly and negligently and hit the Tempo as a result whereof the appellant got serious injuries and during course of treatment, his right leg was amputated. One more person in the Tempo namely Chiranji Lal died at the spot due to the accident.

(3.) The accident and the insurance of the offending Tanker with respondent No.2 are established by evidences on record and the same are not challenged in this appeal. The appellant was a Driver, which is established by driving license of the appellant at Ex.131. The certificate of registration of the Tempo in the name of the appellant is Ex.133 and the certificate of permanent disablement i.e. amputation of one of the leg is at Ex.132. The appellant claimed that he was contributing to the family Rs.12,000.00 per month by earning from the said Tempo and after accident and amputation of leg is completely unable to drive the vehicle in future. The appellant further claimed that he was aged about 45 years at the time of accident. The Tribunal accepted the claim of 70% disablement of the appellant and decided following compensation.