JUDGEMENT
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(1.) Leave granted.
(2.) Whether in the facts and circumstances of this case multiplier of '15'
ought to have been applied by the High Court in its impugned judgment falls
for consideration in this appeal which arises out of a common judgment and
order dated 29.08.2006 passed by the High Court of Judicature of Andhra
Pradesh in Appeal against Order No. 528 of 2000 and C.M.A. No. 3350 of
1999.
(3.) Before embarking upon the said question, we may notice the basic
fact of the matter which is not in dispute. Claimant was aged about 38 years
on the date of accident which took place on 26.01.1995. He was a carpenter
working in a company. His monthly salary was said to be Rs. 4500/-. He
had 15 years of experience in woodcrafts. His parents, wife, two daughters
and one son were dependant on him. On the night of 25.01.1995, he was
coming back to his house. When he was riding on a two-wheeler, he met
with the accident having been hit by a bus belonging to the appellant
corporation. He was thrown on the road and dragged to a distance of 10 to
15 yards. He suffered serious multiple injuries, viz., fracture of left hand
(humour); fracture of left eight ribs; rupture of spleen; loss of skin and
rupture of left hand; injury to haemolhorex; injury to spinal cord, injury to
nerve of contracting to spleen; blunt injury to left forehead; injury to
thoracic lumber; blunt injury to thigh; rupture of left calf muscle, bruises all
over the body; closed brain injury with blackouts. He underwent an
operation. A steel rod was inserted in his fractured hand. He became
permanently disabled and lost his earning capacity.
He filed an application under Section 166 of the Motor Vehicles Act
(for short "the Act") claiming a sum of Rs. 4,00,000/- as damages. The
Tribunal awarded a sum of Rs. 85,000/- with interest at 12% p.a.;
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