BANSIDHAR Vs. RAM GOPAL

JUDGEMENT

(1.) THIS appeal has been preferred on behalf of injured-appellant for enhancement of compensation awarded by the learned Motor accident Claims Tribunal, Jaipur city, jaipur vide judgment dated 25. 4. 1998 whereby a sum of Rs. 85,000/- was awarded by way of compensation for 24% disability caused on account of injuries sustained in the accident.

(2.) THE only challenge in the appeal pertains to quantum of compensation only.

(3.) LEARNED counsel for the appellant submits that the learned Tribunal has awarded adequate compensation as the amount of Rs. 50,000/- has been awarded by way of lump sum while the amount deserves to be computed by taking Rs. 2500/- as income of the injured commensurating with the percentage of disability and by adopting a multiplier of 17 as per guidelines provided in Sarla Verma and anr. Vs. DTC and ors.-2009 (6) SCC,121. It is further submitted that injured has sustained injury of shortening of leg by and he has to carry it for whole of life as he is mason by profession, his earning capacity has been reduced, and hence adequate compensation deserves to be awarded.