JUDGMENT Mansoor Ahmad Mir 1. the medium of these appeals, the appellants have questioned the award, dated 16th May, 2009, passed by the Motor Accident Claims Tribunal(I) Kangra at Dharamshala, (for short, “the Tribunal”) in M.A.C.P. No.66-K/II-2006, titled Uttam Saini vs. Avrosh Kumar alias Sonu & another, whereby a sum of Rs.1,80,558/- alongwith interest at the rate of 9% per annum came to be awarded as compensation in favour of the claimant (for short the “impugned award”). 2. The claimant has challenged the impugned award by filing FAO No.322 of 2009, for enhancement of compensation, while the owner and the driver have questioned the same by the medium of FAO No.380 of 2009. 3. I have gone through the pleadings and the impugned award. 4. The claimant had sought compensation to the tune of Rs.9,75,000/- as per break-ups given in the claim petition. Admittedly, the claimant has suffered 20% disability. The Tribunal has rightly assessed the compensation in paragraph 18 of the impugned award, which is reproduced herein: “18. The submission of learned Advocate appearing on behalf of the petitioner that petitioner has sustained permanent disability in the motor vehicle accident and is legally entitled for compensation is accepted for the reasons hereinafter mentioned. Although the petitioner has pleaded his monthly income as Rs.50,000/- but no income certificate placed on record from the competent authority of law. The petitioner has also pleaded that he is income tax payee but no income tax return placed on record in support of his version. On the contrary the petitioner has pleaded that he took loan from the Bank to the tune of Rs.33,32,000/- and in such situation I have no option except to assess the monthly income of the petitioner on the concept of Minimum Wages Act and I assess his monthly income at Rs.3000/- per month. The petitioner has suffered permanent disability to the extent of 20%. The age of the petitioner at the time of accident was 50 years. Hence, multiplier of 13 is applied and I award the following compensation to the petitioner:- i) Diminishing of future prospects (on the basis of 20% permanent Disability) awarded…………………Rs.93,600/- ii) Medical expenses awarded……..Rs.46,158/- iii) Attendant compensation awarded……………………………..Rs.10,000/- iv) Conveyance charges (As per receipts Ex.P-1 to P-9)……………..Rs.10,800/- iv) Pain and suffering award…………Rs.20,000/- Total compensation awarded Rs.1,80,558/- The award amount shall be deposited by the respondents jointly and severally.
Issue No.2 is decided in favour of the petitioner and against the respondents.” 5. In view of the above discussion, I am of the considered view that the Tribunal has rightly passed the impugned award, has rightly assessed the amount of compensation and has rightly held the original respondents liable to pay the compensation. 6. Having said so, there is no merit in the instant appeals and the same are dismissed. The Registry is directed to release the amount in favour of the claimant, after proper identification. 7. Send down the record after placing copy of the judgment on the Tribunal’s file.