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2011 DIGILAW 2301 (RAJ)

Jeevan Ram v. Ramavtar

2011-11-01

MOHAMMAD RAFIQ

body2011
Hon'ble RAFIQ, J.—Non-claimant-appellant has filed this appeal dissatisfied with award dated 21.09.2001 of learned Motor Accident Claims Tribunal, Neem-ka-Thana, in MAC Case No.77/1996, whereby learned Tribunal awarded compensation of Rs.91,000/- in favour of claimant for the injuries sustained by him in the accident. 2. Contention of learned counsel for appellant is that learned Tribunal has failed to appreciate that the permanent disability certificate produced by the claimant was not correct as it was obtained by putting undue influence. The accident took place on account of rash and negligent driving of the driver of scooter on which the claimant was pillion rider. Learned counsel argued that in present case disability sustained by claimant is only 6.87% due to fracture in the leg and learned Tribunal has awarded compensation of Rs.91,000/-, which is excessive and the judgment of learned Tribunal is under challenge on the issue of negligence on the part of the scooter-driver. Learned counsel for the appellant, in support of his argument, placed reliance on the judgments reported in 1997 ACJ 1006 where there was amputation of right leg at knee-joint and award of Rs.30,000/- was upheld in appeal; in 2001 ACJ 1403 where there was 10% permanent partial disability in legs and award of Rs.21,080/- was upheld; in 2000 (1) ACC 71, where there was 50% permanent disability and award of Rs.45,000/- was upheld and in 2002 (2) ACC 324 there was 10% permanent disability and award of Rs.50,000/- was upheld. 3. On hearing learned counsel for the parties and perusing the material on record and keeping in view the aforesaid cited judgments and without disturbing the finding recorded by the learned Tribunal, I am of the view that ends of justice would meet in case total compensation of Rs. 91,000/- awarded by learned Tribunal is reduced to Rs. 75,000/- under different heads, viz. under the head of permanent disability the compensation is reduced to Rs. 25,000/- from Rs. 32,000/-; under the head of pain and sufferings the compensation of Rs. 10,000/- is reduced to Rs.5,000/- and under the head of loss of future earning the compensation of Rs.10,000/- is reduced to Rs.6,000/-, maintaining the compensation awarded by learned Tribunal under other heads. The appeal is accordingly partly allowed.