SHABEER KHAN Vs. RAKESH SHARMA

JUDGEMENT

(1.) This appeal has been preferred by the appellant claimant against the judgment and award dtd. 1/5/2007 passed by the Court of Additional District Judge (Fast Track) No.8, Jaipur City, Jaipur (for short 'the Tribunal') in MAC case No.746/2005 whereby an amount of Rs.3,47,400.00 was awarded as compensation on account of injuries sustained by the appellant in an accident which occurred on 12/12/2002.

(2.) The Tribunal after framing the issues, evaluating the evidence on the record and hearing counsel for the parties decided the claim petition of the appellant awarding compensation to the tune of Rs.3,47,400.00 under various heads in favour of the appellant claimant.

(3.) Learned counsel for the appellant-claimant submitted that the injured was posted in Indian Navy in the year 1974. Thereafter, he took voluntarily retirement from Navy in the year 1989 and joined Merchant Navy in London on the post of Electrical Engineer where he was getting a salary of 3500$ per month. Due to the accident, he suffered several injuries and fractures on various parts of his body and he has suffered 54.96% permanent disability. Because of these injuries and disabilities, he was not in a position to rejoin duties in Merchant Navy. Hence, the claimant suffered loss of income and for proving his income, he submitted various documents related to his job/service in Merchant Navy, but the Tribunal has discarded all these documents for the reason that these documents are photocopies and not the original. The Tribunal further hold that the photocopy of the passport was produced on record, hence, the same was not relied. Counsel for the appellant further submitted that when the accident occurred, the appellant lost his passport and in this regard he lodged an FIR with Police Station Jhotwara, Jaipur on 17/6/2003. Counsel further submitted that the claimant was working on the post of Electrical Engineer but without any basis the Tribunal has treated his status as daily wager. Counsel for the appellant-claimant submitted that during pendency of the appeal, the original passport was found and the same was returned to the claimant.