SUNIL KUMAR Vs. JAGDISH SINGH

JUDGEMENT

(1.) Having sustained 19.7% permanent disability, having been awarded merely Rs. 25,000/-, by way of compensation vide order dated 24.02.2006, passed by the learned Judge, Motor Accidents Claim Tribunal (Special Court Dacoity Affected Area), Bharatpur, the appellant has challenged the same before this Court.

(2.) The brief facts of the case are that on 29.09.2004, at about 6:00 PM, while the appellant was riding on his motorcycle, he was hit by a truck, bearing Registration No. RJ-05/G-1989, which was being driven in rash and negligence manner. Consequently, the appellant suffered a fracture of his left shoulder and fracture of the left elbow. At the time of accident, he was a young boy of eighteen years and was studying in the 12th class.

(3.) Mr. Man Singh, learned Counsel for the appellant, has contended that firstly, the appellant was engaged in the business of animal husbandry as well as doing the work of milk vendor. Through animal husbandry, he was earring about Rs. 5,000/- per month. However, the learned Tribunal has not even bothered to discuss about this income. Secondly, despite the fact that the appellant suffered a permanent disability of 19.7%, the learned Tribunal has not applied the formula, as given in item No. 5 of the Second Scheduled attached to the Motor Vehicle Act, 1988 (the 'Act' for short). The learned Tribunal has not assigned any reason for deviating from the compensation. Thus, according to the learned Counsel, the learned Tribunal without dealing with the non-pecuniary and pecuniary categories, has awarded an lump-sum amount of Rs. 25,000/- to the appellant.