GORDHAN LAL Vs. CHHAGAN LAL

JUDGEMENT

(1.) The present appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant-claimant against the judgment and award dtd. 2/6/2017, passed by the Motor Accident Claims Tribunal No.1, Jaipur Metropolitan, Jaipur (for short 'learned Tribunal') in Case No. 765/2015, whereby, the learned Tribunal has awarded a sum of Rs.11,11,000.00 to the claimant-appellant on account of injuries sustained by him in an accident occurred on 21/2/2015.

(2.) Learned Tribunal after framing the issues, evaluating the evidence available on record and hearing both the sides, decided the claim petition of the claimant-appellant and awarded compensation of Rs.11,11,000.00 under various heads in favour of the appellant-claimant.

(3.) Learned counsel for the appellant submitted that the age of the injured-claimant pleaded in the claim petition was 40 years and the same is mentioned in his injury report, X-ray report as well as permanent disability certificate. Learned counsel further submitted that as per the permanent disability certificate, claimant has sustained 80 percent permanent disability but the learned Tribunal has erred in determining the disability of the claimant as 50% only on the account that the Doctor, who prepared the disability certificate was not examined. Counsel further submitted that looking to the age of the injured, the multiplier of 15 should have been applied in the light of the judgment of Hon'ble Supreme Court delivered in the case of Sarla Verma v. Delhi Transport Corporation: (2009) 6 SCC 121. Learned counsel further submitted that the injured was a mason and he is a skilled labour and the wages for a skilled labour at the relevant time was Rs.197.00per day, but without any basis, the learned Tribunal has determined the income of the injured as Rs.5000.00 per month only, while it should have been determined as Rs.5910.00 per month. Lastly, counsel submitted that no amount towards future prospects has been awarded and the same should have been awarded in the light of the judgment of Hon'ble Apex Court delivered in the case of National Insurance Company Ltd. v. Pranay Sethi & Ors. : reported in (2017) 16 SCC 680. Learned counsel therefore prays that recomputation of the award in the present case may be done in the light of the judgment of Hon'ble Supreme Court delivered in the cases of Pranay Sethi (supra) and Sarla Verma (supra).