VIKAS @ VICKY Vs. HANSRAJ AND ORS

JUDGEMENT

(1.) The appellant, Vikas @ Vicky, is aggrieved by the award dated 10.6.2008 passed by the MACT, Kotputali, Jaipur whereby the learned Tribunal has awarded a compensation of Rs.2,74,000/- to the appellant alongwith an interest of 7.5% from the date of filing of claim petition.

(2.) Briefly, the facts of the case are that on 8.1.2005, the appellant was going on his motorcycle alongwith his friend Pintoo. As soon as they reached a place called "Dahami", a vehicle bearing registration No.DL1-GB-4705 being driven in a rash and negligent manner, came and hit the motorcycle. Consequently, the appellant suffered grievous injuries on his legs. Eventually his foot had to be amputated. According to the disability certificate (Ex. 10), he has suffered a permanent disability of 55.80%. Due to his injuries, the appellant filed a claim petition before the learned Tribunal. In order to buttress his case, the appellant examined himself as a witness and submitted a large number of documents. After going through the oral and documentary evidence, the learned Tribunal has awarded a compensation as aforementioned. Hence, this appeal before this court for enhancement of the amount of compensation.

(3.) Mr. Ram Sharan Sharma, the learned counsel for the appellant, has raised the following contentions before this court: firstly, the Tribunal has misdirected itself while calculating the loss suffered by the appellant. Despite existence of the formula prescribed by Item No.5 of the Second Schedule attached to the Motor Vehicles Act ('the Act' for short), the learned Tribunal has misapplied the said formula. Without assigning any reason, it has assessed the appellant's income as merely Rs.1000/- per month. Therefore, the loss of income needs to be recalculated.