- (1.) Heard Sri Rahul Sahai, learned counsel for the appellant. This is an appeal by the insurer of a Maruti Car, bearing registration No. U.P.-50-B-1400. which was involved in the accident, against the order of the Motor Accident Claims Tribunal, Azamgarh, dated 12th December, 2012 by which the Tribunal has awarded a compensation to the tune of Rs. 4,27,284 to the claimant. It was claimed by the claimant that on 8.2.2011. when he was driving the aforesaid Maruti car and was going from Varanasi to Azamgarh in order to save a cyclist, the vehicle gone out of control and collided with a tree and subsequently fallen in a valley (khai) causing injuries to him in the nature of fracture in both the legs and other passengers travelling in the said Car. In support of the claim of occurrence of the accident, one Kailash Singh, an independent eye-witness, was examined, who stated that the accident occurred by the Maruti car on 8.2.2011 at about 6:30 a.m. The claimant claimed that he was a driver and due to the injuries caused in the accident, he is suffering from Paraperesis and his both the legs weakened as a result of which he is not in a position to carry on his job. In support of the claim, a medical certificate issued by the Medical Board has been filed wherein it has been certified that the claimant was suffering from Paraperesis (weakness in both the lower limbs) and accordingly disability to the extent of 56% has been certified. To prove the genuineness of the certificate, the Clerk of the office of the Chief Medical Officer has been examined.
(2.) The Tribunal estimated the monthly income at Rs. 3,000 and annual income at Rs. 36,000 and having regard to the 56% disability assessed the loss of annual income at Rs. 20,160 and after applying the multiple of 16 times estimated the loss of total annual income at Rs. 3,22,560. The Tribunal awarded Rs. 84,688 towards expenses incurred into treatment and an amount of Rs. 20,000 towards other expenses incurred during the course of the medical treatment. Thus, in all a total amount of Rs. 4,27,284 has been awarded by the Tribunal towards compensation.
(3.) Learned counsel for the appellant submitted that according to the claimant, the accident occurred on 8.2.2011 whereas the written intimation with regard to accident has been lodged with the Police on 14.9.2011 and no first information report has been lodged. Thus. involvement of the vehicle in the accident appears to be doubtful. He further submitted that assessment of 56% disability is without any basis. The only disability found by the medical board is weakness in both the lower limbs and no other basis has been given for assessing the disability to the extent of 56%.;