BIRBAL Vs. HAMRAJ

JUDGEMENT

(1.) THE appellant has challenged the award dated 30.1.2010 passed by the Additional District Judge (Fast Track) No. 9, Jaipur City, Jaipur and Motor Accident Claims Tribunal, whereby the learned Tribunal has granted an award of Rs. 70,939/ - along with 6% of interest from 17.9.2008 i.e. the date on which the claim petition was filed. Briefly the facts of the case are that on 10.8.2008 the claimant, Birbal, a 22 years old young man, was going as a pillion rider on a motorcycle from Ramganj Chaupar to Sanganeri Gate. The driver of the motorcycle was driving the vehicle in a rash and negligent manner. The driver suddenly hit the brake as the vehicle ahead of him stopped abruptly. Consequently, the motorcycle slipped; the claimant -appellant was injured. Due to the injuries, he filed a claim petition. In order to substantiate his case, the appellant not only examined himself as a witness, but also submitted a few documents. After going through the oral and documentary evidence, the learned Tribunal granted the compensation as aforementioned. Hence this appeal for enhancement.

(2.) MR . Ram Sharan Sharma, the learned counsel for appellant has vehemently contended that Item No. 5 of the Second Schedule attached with the Motor Vehicles Act, ('the Act', for short), clearly lays down a formula which is applicable to non -fatal accidents. However, the learned Tribunal has not calculated the compensation in accordance with the said formula. Instead, it has granted a lump sum of Rs. 47,500/ - for the physical pain and for the permanent disability of 11.24%. Thus, without giving any reason, the learned Tribunal has deviated from the formula established by law. Hence the award deserves to be interfered with.

(3.) HEARD the learned counsel for the parties, and perused the impugned award.