(1.) Employed with the Public Works Department as a driver, at the age of 55 years, on 29.5.1995 the appellant met with an accident with the truck in village Rampura in the early hours of the morning. Consequently, he sustained fracture, in both his legs and in his hands and injuries on his knees and his teeth. According to the permanent disability certificate the appellant suffered permanent disability up to 58.08 per cent. Because of his disability he could no longer drive a car. Hence, his means of livelihood had suddenly ended. Appellant had filed a claim petition before the Motor Accidents Claims Tribunal, Jaipur District, Jaipur. Vide the award dated 19.8.2002, the learned Tribunal was pleased to grant the compensation of Rs. 2,25,000. However, as the appellant is aggrieved by the said award, he has filed the present appeal before us.
(2.) Mr. M.C. Jain, the learned counsel for the appellant, has argued that because of the accident the appellant's leg has been shortened by one inch. He is unable to walk or run or to squat normally. He has sustained a physical disability of 58.08 per cent. Furthermore, he has argued that item 5 of Second Schedule attached to the Motor Vehicles Act, 1988 (henceforth to be referred to as 'the Act' for short) prescribes a formula for computing the compensation payable to a person for a non-fatal accident. According to the learned counsel, the Tribunal has not applied the said formula to the present case. Therefore, it has failed to apply the relevant provisions of law.
(3.) On the other hand, Mr. Rishipal Agarwal, the learned counsel for the insurance company, has argued that a compensation of Rs. 2,25,000 is more than just and reasonable for the appellant who has suffered 58.08 per cent disability. Therefore, he has supported the impugned award.