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Madhya Pradesh High Court · body

2009 DIGILAW 1059 (MP)

Souraj Singh v. Munnalal

2009-08-28

S.SAMVATSAR

body2009
Judgment S.Samvatsar, J. ( 1. ) This appeal is preferred by the claimant under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation. The 9th Additional Motor Accident Claims Tribunal, Gwalior vide award dated 9th August, 2002, in Claims Case No. 155/97 has awarded a sum of Rs.1,29,700/- towards compensation to the present appellant for injuries sustained by him. ( 2. ) The only question involved in this case is that of quantum. Hence, this Court need not to be referred the other facts. The accident has occurred on 1st June, 1996. At that time, the appellant was travelling in a jeep and going towards Behind. He was sitting in the back side of the jeep. The said jeep met an accident with a mini bus bearing registration No. M.P.07-F0430. The claimant sustained injuries in his both legs. According to the claimant, he was carrying on business of selling snacks (chat and panipuri) on a handcart at Ahmedabad and was earning Rs.6,000/- per month. The Claims Tribunal has assessed his income at Rs.1,500/- per month and awarded compensation accordingly. ( 3. ) In the present case, no definite evidence about income of the appellant-injured from the business carrying on by him, still a person aged about 35 years of age is supposed to earn his livelihood. In absence of any specific evidence about the income of the appellant and the business of the appellant, I can assess his income on the basis of daily wages. ( 4. ) Considering that the incident has taken place in the year 1996 and the appellant is daily wager. Therefore, his income can be assessed at Rs.75/- per day and his monthly income can be assessed at Rs.2,500/-. ( 5. ) As per statement of doctor in the incident, the appellant has sustained 40% permanent disablement. Thus, he shall suffer 40% of loss of income of Rs.2,500/- which comes to Rs.1,000/- per month. The injured was between 35-40 years of age. Hence, a multiplier of 16 will be applicable. ( 6. ) Considering the nature of the income of the appellant, his yearly loss of income will come to Rs.12,000/- (Rs.1,000/- x 12). After multiplier of 16, the said loss of income will come to Rs.1,96,000/-. ( 7. The injured was between 35-40 years of age. Hence, a multiplier of 16 will be applicable. ( 6. ) Considering the nature of the income of the appellant, his yearly loss of income will come to Rs.12,000/- (Rs.1,000/- x 12). After multiplier of 16, the said loss of income will come to Rs.1,96,000/-. ( 7. ) Apart from that, the appellant- claimant will be entitled to sum of Rs.10,000/- towards medical expenses as awarded by the Claims Tribunal Rs.10,000/- towards pain and suffering and Rs.4,000/- towards special diet during his treatment. ( 8. ) Considering the nature of injuries in which the present appellant has sustained 40% permanent disablement. It is quite possible that the appellant was hospitalized for more than two months. He must have been prevented from his earning anything for about four months. Hence, against that loss, amount of Rs.10,000/- is awarded. Apart from this amount, the claimant is entitled for attendant charges and travelling expense. ( 9. ) Considering these facts, I assess the total compensation of the appellant- claimant for the injuries sustained by him is Rs.2,40,000/-. Thus, amount of compensation is enhanced from Rs.1,29,700/- to Rs.2,40,000/-. The enhanced amount shall carry interest @ 7% per annum from the date of filing of appeal till realization. ( 10. ) Appeal is allowed and stands disposed off. No order as to costs.