JUDGMENT 1. - This appeal has been preferred against the Award dated 26th February, 2005 passed by the Motor Accident Claims Tribunal, (Fast Track) No. 1, Dholpur (hereinafter referred as "the Tribunal") in Claim Petition No. 569/2004, whereby a sum of Rs. 39,500/- has been paid as compensation for suffering fracture injuries. 2. The impugned award has been challenged on the ground that the Tribunal has not paid proper compensation, particularly, the compensation in respect of the injury has not been properly determined. 3. Heard learned counsel for the parties and perused the record. 4. Learned counsel for the appellant has reiterated his submissions as projected in the memo of appeal, whereas, the learned counsel for the respondents has submitted that they have not filed any appeal against the award and whatever findings are recorded by the Tribunal, he supports it. 5. In order to determine the compensation of. injury, the income of the injured has to be first determined and thereafter, annual income, permanent partial disablement and multiplier has to be made applicable. The Tribunal has passed the block award. The structural formula contains of method for determining compensation for the injury. The injured has suffered 25% permanent partial disablement. He was of the age of 40 years at the time of accident. He has been shown to be engaged in selling vegetables at Dholpur. Dholpur is a township, having its own municipality. Had he been working as vegetable seller he might have sought permission and paid tax to the municipality. No such evidence has been produced to make out that he was a vegetable seller at Dholpur. However, on the safer side, the income of the injured can be determined keeping in view the daily wage rate fixed by the Government in the relevant year. The daily wage rate as per Notification of the Government was Rs. 60/- in the year 2003 and, therefore, his income can be taken to be Rs. 1800/- per month. Taking into consideration his annual income, multiplier of 15 and the permanent partial disablement of 25%, the injury compensation comes to Rs. 81,000/- as per structural formula. For two fractures grievous injuries, he is entitled to Rs. 5000/- each, which comes to Rs. 10,000/-. There is no other evidence produced by him entitling for further compensation. Tribunal has paid Rs. 9500/- spent for purchase of medicines for treatment, which is upheld.
81,000/- as per structural formula. For two fractures grievous injuries, he is entitled to Rs. 5000/- each, which comes to Rs. 10,000/-. There is no other evidence produced by him entitling for further compensation. Tribunal has paid Rs. 9500/- spent for purchase of medicines for treatment, which is upheld. The interest awarded by the Tribunal is also maintained. 6. The appeal for the aforesaid reasons, is allowed and the award of the Tribunal 'is modified to the extent indicated above.Appeal allowed - Award modified. *******