CHANDRA RAM GURJAR Vs. ISMAIL

JUDGEMENT

(1.) This appeal is directed against the judgment and award dtd. 23/8/2011 passed by Motor Accident Claim Tribunal and Additional District and Sessions Judge (F.T.) No.2, Beawar, District Ajmer (for short 'the tribunal'), whereby a sum of Rs.3,50,700.00has been awarded as a compensation alongwith interest @ 6% per annum from the date of filing of the claim petition.

(2.) Learned counsel for the appellant-claimant (for short 'the claimant') submitted that the tribunal has committed an error in awarding lesser compensation. Learned counsel for the claimant also submitted that as per permanent disability certificate, the claimant had received 80% permanent disability on account of amputated injury but the tribunal wrongly considered 40% of disability. Learned counsel for the claimant also submitted that claimant was doing milk dairy business and his income was 25000/- per month. Learned counsel for the claimant also submitted that the tribunal has awarded lesser amount towards the pain and suffering and towards the future medical treatment. So, order of the tribunal be modified.

(3.) Learned counsel for the respondents has opposed the arguments advanced by learned counsel for the claimant and submitted that the tribunal wrongly calculated the income of the claimant as Rs.4,000.00 per month. Learned counsel for the respondents also submitted that at that time, prevailing minimum wages was Rs.2190.00 per month. Learned counsel for the respondents also submitted that there is no proof regarding income of the claimant. So, minimum wages were to be considered as income of the claimant. So, appeal be dismissed.