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2005 DIGILAW 121 (RAJ)

Ikramul Huq v. Gordhanlal

2005-01-13

DALIP SINGH

body2005
Judgment Dalip Singh, J.-This appeal has been filed against the award dated 24.04.1992 passed by the Judge, Motor Accident Claims Tribunal, Jaipur in MACT Case No. 1163/1989 filed by the claimant-appellant for compensation on account of the injuries sustained by him in a motor accident which took-place on 19.06.1989 in which the appellant sustained multiple injuries including fracture on his head and dis-figuration. 2. The submission of the learned Counsel for the appellant is that the learned Tribunal while deciding the issue No. 3 pertaining to the quantum of compensation, has awarded Rs. 24,550/-based upon the actual expenditure and a sum of Rs. 25,000/-on account of pain and suffering as well as for disfiguration. However, the learned Tribunal did not award any compensation on account of loss of income occasioned because of permanent partial disability due to the injuries suffered by the appellant. The another submission of the learned Counsel for the appellant is that in view of the aforesaid fact that the Tribunal has not awarded any compensation under the aforesaid head of loss of income, the matter may be remanded back to the learned Tribunal for determination of compensation under the head of loss of income due to permanent partial disability. 3. The aforesaid prayer is not opposed by the respondents. 4. In this view of the matter, the case is remanded to the learned Tribunal to determine the quantum of compensation under the head of loss of income due to permanent partial disability based upon the evidence as placed on record. In case, the parties wish to produce the additional evidence, the parties, may approach the Tribunal to afford them reasonable opportunity in this behalf . It is expected that since the matter is an old one, the learned Tribunal would take steps to decide the matter expeditiously, preferably within a period of six months from today. 5. With this limited prayer, which is not opposed by the learned Counsel for the respondents, this appeal is accordingly disposed of with the direction to the learned Tribunal to decide the question relating to the amount of compensation which the appellant claimant may be held entitled on account of the loss of income. However, it is made clear that so far as the award under the other heads is concerned, the same remains unchanged. The parties are directed to appear before the Tribunal on 14.02.2005. However, it is made clear that so far as the award under the other heads is concerned, the same remains unchanged. The parties are directed to appear before the Tribunal on 14.02.2005. 6.The appeal is disposed of as above. 7. Let record of the case be remitted back forthwith to the Tribunal.