Samanta, J. - (1.) This application by the insurance company is under Article 227 of the Constitution of India against the order dated 29.3.2000 as passed by the Motor Accidents Claims Tribunal in a petition for review of original award dated 6.1.2000 by the claimant.
(2.) The facts which are not disputed are as follows: The claimant faced a motor accident on 27.9.1997 while he was employed in Gun and Shell Factory, Cossipore, Calcutta with a monthly salary of Rs. 7,526 only. The said claimant filed a claim case before the Motor Accidents Claims Tribunal alleging that he suffered permanent partial disablement. Considering the age of the claimant on the date of determination of the aforesaid claim case, the multiplier of 8 was selected as per the Second Schedule to the Motor Vehicles Act, 1988 for the purpose of computation of the compensation for the disability caused by such non-fatal accident. In view of the finding by the doctor that the claimant had suffered permanent disablement to the extent of 35 per cent computation was made on the question of financial loss by applying 8 as multiplier in respect of the annual income of claimant which turned out to be Rs. 2,52,000. A sum of Rs. 25,000 was awarded apart from a sum of Rs. 1,000 for pain and suffering endured by the claimant.
(3.) The said award was sought to be reviewed by making an application by the claimant and on such review application, the aforesaid award was modified by the impugned order. On the basis of the said application it was held that the claimant had actually suffered a total financial loss of Rs. 4,00,000 for the loss of his service. Consequently, the original award was modified by awarding a further sum of Rs. 4,00,000 in addition to the original award for a sum of Rs. 2,53,000.;