RADHEY SHYAM Vs. MAHAVEER PRASAD

JUDGEMENT

(1.) This appeal has been preferred on behalf of the injured appellant Radhey Shyam for enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Sawai Madhopur (hereinafter referred to as 'the Tribunal') by award dated 25.1.2005 whereby a compensation of Rs.1,00,000/- has been awarded to him.

(2.) On dated March 11, 2001 the injured appellant was travelling in a truck bearing registration No. RJ-02/G- 0940 along with vegetables which were being carried in the truck. At about 10.30 in the night when the truck reached near Sheopur, the same turned turtle resulting to the injuries sustained by the injured appellant and other persons travelling in the truck. The injured appellant sustained injuries and his left hand had to be amputed causing 100% disability.

(3.) Learned counsel for the appellant has argued that the appellant used to grow vegetables in the river bed and used to earn his livelihood by selling vegetables. It is further submitted that he used to earn Rs.5,000/- per month by selling vegetables and the learned trial court has erred in awarding compensation on lower side without considering the various facts on account of pecuniary and non-pecuniary damages as delineated by their Lordships of the Supreme Court in the case of R. D. Hattangadi vs. Pest Control (India) Pvt. Ltd. & Ors. (1995 ACJ 366).