SURAJ RAM Vs. MOOL SINGH

JUDGEMENT

(1.) Instant appeal was filed by claimant-injured for enhancement of compensation awarded by Motor Accidents Claims Tribunal, Neem Ka Thana (Sikar) in M.A.C.T. No. 45 of 1992.

(2.) Facts, in brief, are that on fateful day, 8.10.91 at 7 p.m., appellant along with his family members was going on his camel cart from Ranoli to village Sankhuna Ki Dhani on National Highway No. 11, when reached near Bus Stand, Bawri Ke Balaji, offending truck No. RRL 7181 coming from behind with a high speed being driven rashly and negligently had collided with camel cart which resulted in causing grievous injuries to them. The camel succumbed to grievous injuries at the spot and the cart was completely smashed. As per medical certificate dated 25.1.1995 (Exh. A45), since the claimant sustained grievous injuries including posterior head injury on hemiplegia with difficulty in speech and epileptic fits with 100 per cent disability, was not in a position to record his oral statement before Tribunal; as such his wife Jinki recorded as his power of attorney holder, statement and that apart, Mohanlal, AW 2 (brother) and Chawli, AW 3 (brother's wife) also appeared in witness-box to support the claim petition. Fact which emerges from their statement was that earning of appellant was Rs. 100 per day from camel cart and he had also 8-10 bighas of agricultural land from which he used to earn Rs. 1,500 per month to support his family consisting of seven daughters and one son who were dependent upon him along with his wife. Appellant was hospitalised in Neuro Ward in SMS Hospital, Jaipur, from 8.10.1991 to 22.10.1991 and also produced medical bills along with other documents in support of claim for compensation of Rs. 25,30,263.

(3.) For adjudication of the dispute, in all six issues were framed. On the basis of material on record, with regard to issue No. 1, the Tribunal recorded finding that claimant has been medically certified with 100 per cent disability and no contrary evidence is available to dispute it and as such, Tribunal proceeded to compute compensation payable to claimant being 100 per cent disabled. But without there being any contrary material on record with regard to issue No. 2, Claims Tribunal determined income of appellant at Rs. 750 per month and with the aid of multiplier of 9, awarded Rs. 81,000 towards loss of income; Rs. 6,000 as medical expenses, Rs. 35,000 towards mental and physical suffering and Rs. 6,000 towards loss of camel and cart. The Claims Tribunal awarded Rs. 1,28,000 towards total compensation.