LAWS(RAJ)-2005-1-76

IKRAMUL HUQ Vs. GORDHANLAL

Decided On January 13, 2005
Ikramul Huq Appellant
V/S
Gordhanlal Respondents

JUDGEMENT

(1.) THIS appeal has been filed against the award dated 24.4.1992 passed by the Judge, Motor Accident Claims Tribunal, Jaipur in M.A.C.T. Case No. 1163/1989 filed by the claimant -appellant for compensation on account of the injuries sustained by him in a motor accident which took place on 19.6.1989 in which the appellant sustained multiple injuries including fracture on his head and dis -figuration.

(2.) THE submission of the learned Counsel for the appellant is that the learned Tribunal while deciding the Issue No. 3 pertaining to the quantum of compensation, has awarded Rs. 24,550/ - based upon the actual expenditure and a sum of Rs. 25,000/ - on account of pain and suffering as well as for disfiguration. However, the learned Tribunal did not award any compensation on account of loss of income occasioned because of permanent partial disability due to the injuries suffered by the appellant. The another submission of the learned Counsel for the appellant is mat in view of the aforesaid fact that the Tribunal has not awarded any compensation under the aforesaid head of loss of income, the matter may be remanded back to the learned Tribunal for determination of compensation under the head of loss of income due to permanent partial disability.

(3.) IN this view of the matter, the case is remanded to the learned Tribunal to determine the quantum of compensation under the head of loss of income due to permanent partial disability based upon the evidence placed on record. In case, the parties wish to produce the additional evidence, the parties may approach the Tribunal to afford them reasonable opportunity in this behalf. It is expected that since the matter is an old one, the learned Tribunal would take steps to decide the matter expeditiously, preferably within a period of six months from today.