DEVI PRASAD SINGH, SATISH CHANDRA, JJ. - (1.) HEARD learned counsel for the appellant and learned counsel for the respondents. Present appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') against the impugned award dated 22.7.2005, passed by the Motor Accident Claims Tribunal (IInd Additional District Judge, Faizabad) in Motor Accident Claim Petition No. 6 of 2002.
(2.) BRIEF facts, giving rise to the present appeal, are as under : The appellant suffered an accident with Jeep No. U. P.-32 Z-5939 on 10.4.2001 at 4.30 evening in district Barabanki near Mayur Hotel because of careless and negligent driving of the jeep driver. The appellant suffered serious multiple injuries resulting into fracture of chest and backbone along with other minor injuries. Because of injuries caused in the said accident, the appellant has become permanently disabled and lost his capacity to move on his own leg. The appellant, being permanently disabled and paraplegic on account of injury and being permanently incapacitated, approached the Motor Accident Claims Tribunal and claimed compensation. The Tribunal recorded a finding that though the appellant had become permanently disabled but he can read and write in a sitting position. According to the Tribunal, the appellant had incurred medical expenses to the tune of Rs. 65,000 and for mental pain and agony, he suffered a loss of Rs. 35,000. On account of permanent disability, the Tribunal awarded Rs. 1 lac as compensation. Thus, the Tribunal assessed and granted compensation to the tune of Rs. 2 lac to the appellant. Feeling aggrieved with the alleged inadequate compensation granted by the Tribunal, the appellant approached this Court by preferring the present appeal under Section 173 of the Act.
(3.) THE submission of the appellant's counsel is that since the appellant has become permanently disabled, he is entitled for compensation in view of the provision contained in Sections 141 and 142 of the Act. It has also been submitted that the appellant had obtained voluntary retirement from the service since he was not in a position to move on his own leg. It has further been submitted that at the time of accident, the appellant's salary was Rs. 8,151 per month, which was later on increased to Rs. 10,944. However, the Tribunal has recorded a finding that at the time of accident, the salary of the appellant was Rs. 8,151.;