IN RE: ASHOK LALA Vs. STATE

JUDGEMENT

(1.) THE short point involved in this Appeal, on the admitted facts of the parties and also on the finding of the Learned Motor Accident Claims Tribunal, is in the computation of the amount of compensation on an erroneous application of the Schedule to the Motor Vehicles Act, 1988. We need not go into the merits of Appeal in view of the fact that the Learned Counsel for the Respondent No. 1 has conceded to the error. Upon consideration of Entry 5 of Second Schedule of the Motor Vehicles Act, 1988, and Entry 3 of Part II of the Schedule I to the Workmen's Compensation Act, 1923, it appears that the stand of the Learned Counsel appear to be justified. Considering the nature of the disability in the present case that involves amputation of his right arm, the disability suffered by the Claimant -Respondent No. 1 thereby clearly falls under Clause (b) of Entry 5 of Second Schedule to the Motor Vehicles Act, 1988, which reads as under:

(2.) THE Learned Motor Accident Claims Tribunal has assumed the disability as 100% permanent partial disablement and, therefore, has computed the compensation based upon the multiplier applicable to the age of the Claimant -Respondent No. 1. While doing so, the Learned Motor Accident Claims Tribunal appears to have over -looked the fact that the percentage of disability has been clearly indicated in the Pass Book of Disabled Persons of the Social Welfare Division, Social Welfare Department, Government of Sikkim, Exhibit 9, at Serial No. 14 of the entries contained therein.

(3.) THIS is also prescribed at the end of Entry 5 of Second Schedule to the Motor Vehicles Act, 1988, which reads as under: -