MADHUSUDAN KALAVATIYA Vs. KISHNA RAM

JUDGEMENT

(1.) The appellant, Madhusudan Kalavatiya, has challenged the award dated 29.3.2006 passed by the Motor Accident Claims Tribunal and Special Judge, Essential Commodities Act Cases, whereby the learned Tribunal has granted a compensation of Rs.9,06,000/- along with interest at the rate of 6% per annum from the date of filing of the claim petition i.e. from 7.9.2001.

(2.) The brief facts of the case are that on 3.5.2001 the appellant was travelling in a bus, bearing registration No.RJ01-P-1086, from Khandela (Sikar) to Jaipur. Around 7:30 P.M. when the bus reached near the Manhar Hotel, suddenly a Video Coach bus, bearing registration No.RJ23-P-1477, being driven rashly and negligently, came and collided with the bus in which the appellant was travelling. The appellant at the relevant time was sitting next to a window. Due to the impact, his hand was amputated. Subsequently, he filed a claim petition before the learned Tribunal. In order to substantiate his case he examined two witnesses, and submitted 145 documents. In turn, the Insurance Company neither examined any witness, nor submitted any document. After going through the oral and documentary evidence the learned Tribunal granted a compensation as aforementioned. Hence this appeal for enhancement.

(3.) Mr. Ram Sharan Sharma, the learned counsel for appellant, has contended that according to the second schedule attached to the Motor Vehicles Act, 1/3rd of the income can be deducted as the amount that the deceased would have spent upon himself only in case of fatal accident. However, the present case is of permanent disability. Therefore, the learned Tribunal was not justified in deducting 1/3rd of the income of the appellant as the amount he would have spent upon himself. Therefore, the very basis of assessing the loss of dependency is misplaced.