RAJODMAL Vs. RAM KARAN

JUDGEMENT

(1.) The appellant has challenged the award dated 6-9-2002 passed by the Motor Accident Claims Tribunal, Tonk, whereby the learned Tribunal had awarded a compensation of Rs.61,000 for 25% permanent disability suffered by the appellant in a road accident.

(2.) The brief facts of the case are that on 16-3-1996 when the appellant was travelling in a tanker, on National Highway No.12, a truck, bearing registration No. RJ 26 G-221, being driven rashly and negligently, collided with the tanker. Because of the said accident, the appellants suffered a fracture of left leg, the left hand and also sustained injuries on his fingers, the and hand and the heel. He also sustained three stitches on his eye-brow and 10-12 stitches on his head. According to the disability certificate issued by the doctor he had suffered 25% of permanent disability. In order to receive some compensation, the appellant filed a claim petition before the learned Tribunal. In order to substantiate his case the appellant examined himself as a witness and submitted twenty-two documents. The non-claimants neither examined any witness nor submitted any document. After going through the oral and documentary evidence produced by the appellant, the learned Tribunal was pleased to grant the compensation as aforementioned. Since the appellant is still not satisfied with the said award, he has filed this appeal before us.

(3.) According to Mr. Sandeep Mathur, the learned Counsel for the appellant, the appellant's left leg has been shortened by four centimeters. For the rest of his life, he would have to limp while walking. His permanent disability, as stated above, is 25% According to the learned Counsel Item 5 of the Second Schedule attached to the Motor Vehicles Act, 1988 (hence forth to be referred to as 'the Act', for short) prescribes a formula for calculating the compensation in case of non-fatal accidents. In case the said formula were applied the actual income loss would have to be multiplied by multiplier of 18. But the said formula has not been applied by the learned Tribunal. Hence, the Tribunal has failed took apply proper provision of law.