VINAY KUMAR SAH Vs. N KRISHNA BALAJI

JUDGEMENT

(1.) These two appeals filed by the claimant and by the insurance company are directed against the judgment and award dated 26.5.2005 passed by the Third Additional District Judge, Dhanbad in Title M.V. Suit No. 85 of 1997 whereby a sum of Rs. 22,70,000 has been awarded to the claimant for the injuries sustained by him in a motor vehicle accident.

(2.) The facts of the case lie in a narrow compass: The claimant Vinay Kumar Sah was in the service of BCCL and was working on the post of Assistant Colliery Manager at Simla Bahal Colliery, Bhalgara area. On 15.6.1996 while he was coming from his duty to his residence at Singh Nagar Officer's Colony, Jharia by his scooter, he was dashed by a truck bearing registration No. AP 9-U 5058. The truck was running in a very high speed and was being driven rashly and negligently and dashed the claimant, as a result of which he fell down and both of his hands came under the wheel of the truck. It was stated that due to the said accident, both hands of the claimant were completely damaged and he became totally and permanently disabled. The respondent contested the claim by filing written statement taking various defences including that amount of compensation claimed by the claimant is baseless, imaginary and highly inflated. The Claims Tribunal after considering the entire evidence came to the conclusion that appellant insurance company is liable to pay compensation. While assessing compensation, Claims Tribunal found that at the time of accident, claimant was getting salary of Rs. 10,000 but when he was examined as witness, according to his pay slip, he was getting basic salary of Rs. 17,867. The Tribunal further held that on account of loss of fingers in the accident the monetary loss sustained by the claimant is to the extent of 15 per cent of his basic pay as an underground allowance. Tribunal after taking gross income of the claimant at Rs. 20,000 and taking 60 per cent of the said amount, i.e., Rs. 12,000, principle of multiplier was applied and the compensation amount was assessed at Rs. 22,70,000 and awarded the said amount together with interest at the rate of 6 per cent per annum payable for a period of two years till the date of the award.

(3.) M.A. No. 136 of 2005 has been filed by claimant with a grievance that interest should be allowed on the ground that interest has not been awarded in accordance with law.