LAXMAN SINGH Vs. BRIJ MOHAN & OTHERS

JUDGEMENT

(1.) Dissatisfied with the amount of compensation awarded by the learned Tribunal and with a prayer to enhance the same to a reasonable extent, the claimant-appellant has filed this Civil Misc.Appeal under Section 173 of the Motor Vehicle Act, 1988 (hereinafter to be referred as "the Act") against the judgment and award dated 16.10.2007 passed by the Judge, Motor Accident Claims Tribunal, (Additional District & Sessions) Judge (Fast Track), Dausa in Claim Case No.346/2006. By way of the impugned award, the learned Tribunal has awarded an amount of Rs.1,25,976 with interest @ 7% per annum to the appellant.

(2.) Brief relevant facts for the disposal of this appeal are that the claimant-appellant filed the claim petition under Section 166 of the Act with the averment that he sustained several injuries and permanent disability in a motor accident on 12.5.2005. The appellant claimed Rs.18,28,000/- as compensation by pleading that at the time of the said accident he was working as a cook in a hotel and was getting Rs.6,000/- as salary per month. It was further pleaded by him that he incurred Rs.1,50,000/- on his treatment and sustained 26.71% permanent disability as a result of the injuries caused to him. The question of quantum of compensation to be awarded to the appellant was considered by the learned Tribunal under Issue No.2 and in absence of any reliable evidence in regard to the monthly income of the appellant as a cook, the learned Tribunal assessed the monthly income of the appellant as Rs.2,160/- in accordance with the provisions of the Minimum Wages Act as prevalent on the date of the said accident. The learned Tribunal taking the age of the appellant as 33 years on the basis of injury report and adopting the multiplier of 17 assessed the loss of income of the appellant as Rs.4,40,640/- and dividing it by the percentage of permanent disability caused to the appellant awarded Rs.1,17,694/- under the head of loss of income. Apart from that, the learned Tribunal awarded Rs.6,282/- under the head of expenses incurred by the appellant for treatment on the basis of bills produced by the appellant, Rs.2,000/- under the head of transportation and special diet etc. The learned Tribunal, therefore, awarded a total sum of Rs.1,25,976/- as compensation and also awarded interest @ 7% per annum from the date of filing of the petition to the date of payment.

(3.) Assailing the findings of the learned Tribunal, learned counsel for the appellant submitted that no rebuttal evidence was produced on behalf of the respondents disputing the monthly income of the appellant as a cook in a hotal and, therefore, the Tribunal went wrong to assess his monthly income on the basis of minimum wages prevalent at the time of the accident. It was further submitted that the amount of compensation to be awarded to the appellant under the head of loss of income should have been calculated taking the income of the appellant as Rs.6,000/- per month. It was also submitted that no amount has been awarded under the head of future prospects of the appellant and the amount awarded under other heads is also on lower side which requires suitable enhancement.