SATYA NARAIN Vs. HARPHOOL SINGH & OTHERS

JUDGEMENT

(1.) This appeal is directed questioning correctness of award dated 04.12.2002 passed by Motor Accident Claims Tribunal, Ratangarh (Churu) in Claim Case No.52/2000, by which the Tribunal has passed an award of Rs. 2,95,450.00.

(2.) Learned counsel for the appellant has contended that the claimant suffered multiple injuries and fractures of left leg and thus, suffered a permanent disability to the tune of 90%. He was 34 years of age at the time of accident and was earning Rs. 4000.00 per month from making silver and gold jewellery and was a skilled workman but the Tribunal has passed a meagre award of Rs. 2,95,450.00 by computing income contrary to the evidence adduced, whereas the employer was also produced in evidence testified the salary having been paid to the victim but the Tribunal ignored that evidence, the Tribunal ought to have assessed the monthly income of the appellant-injured at Rs. 4000.00 per month. Even the damages towards hospitalization has also been given in lower side and loss of income on the basis of permanent impairment has also not been quantified properly. The claimant is unfit to undertake regular work, despite the Tribunal has not awarded appropriate compensation. Hence, appeal be allowed and the award be modified as prayed. In support of his submissions, learned counsel for the appellant placed reliance on judgments of Honourable Supreme Court in K. Suresh Vs. New India Assurance Co. Ltd. and another, 2012 ACJ 2694 and Arvind Kumar Mishra Vs. New India Assurance Co. Ltd. and another, 2010 ACJ 2867. Learned counsel for the insurance-company submitted that there is no reason to enhance the compensation since the Tribunal has awarded correct compensation and no interference is needed.

(3.) Brief facts of the case relating to the accident which may be noted relates to incident of 29.02.2000. While appellant claimant Satya Narain was travelling in Jeep No.RJ23-T-0006, it met with an accident, dashing with a stationary tractor-trolley stationed on left side of the road, which caused injuries to the claimant and he had to undergo treatment and remained admitted in hospital from 01.03.2000 to 30.04.2000, subsequently from 19.06.2000 to 26.06.2000. The claimant sustained several injuries on his body, ultimately, a permanent disability of 90% was caused in left leg of the injured claimant.