Jyotirmay Bhattacharya, J. - (1.) THIS miscellaneous appeal is directed against an award dated 28th June, 2007 passed by the learned Judge, VIIth Bench, City Civil Court at Calcutta, in M.J.C. Case No. 298 of 2003 at the instance of the claimant/appellant.
(2.) THE claimant/appellant was injured in a motor accident caused by a vehicle (chartered bus) bearing No. W.B.R. 2396 on 1st August, 2003. He was hospitalised and ultimately his right leg was amputated above knee, resulting in his permanent disablement. Doctor has certified his permanent disablement to the extent of 80%. He was a mechanical fitter under the employment of Garden Reach Ship Builders & Engineers. At the time of occurrence of such accident he used to draw salary of Rs. 11,505/ -. He claimed that in addition to the salary, he used to earn a sum of Rs. 3,000/ - per month on an average on account of his overtime allowance. He claimed that he was 51 years old at the time of the accident. He filed an application under Section 166 of the Motor Vehicles Act claiming compensation of Rs. 13,00,000/ -. Since the offending vehicle was insured under a policy of insurance issued by the National Insurance Company Limited, the National Insurance Company Limited was also impleaded as a party in the said proceeding. The learned Tribunal while assessing the compensation payable to the claimant held that since he did not lose service even after the said accident, he did not suffer any pecuniary loss as he received full salary during the service period. The learned Trial Judge, however, held that since he could not render any overtime duty on account of his physical disability after the said accident, he suffered a loss of income to the extent of Rs. 3000/ - per month. The learned Trial Judge, after considering different documents submitted in support of the age of the claimant in the said proceeding, came to the conclusion that the victim was aged about 55 years at the time of such accident. Thus, the learned Trial Judge held that 8 is the appropriate multiplier in the instant case as per the 2nd schedule of 163A of the Motor Vehicles Act. After considering the percentage of disability of the victim to the extent of 80%, the learned Trial Judge held that the loss of earning of the claimant was Rs. 2,30,400/ -. In addition thereto a sum of Rs. 5,000/ - was allowed on account of pain and sufferings of the claimant. A further sum of Rs. 15,000/ - was allowed on account of his medical expenses. Thus, a total sum of Rs. 2,50,400/ - was awarded on account of compensation in favour of the claimant. Since a sum of Rs. 25,000/ - was received by the claimant under Section 140 of the Motor Vehicles Act, the learned Trial Judge directed the insurance company to pay the balance amount of Rs. 2,25,400/ - to the claimant/appellant. The appellant is not satisfied with the award. Hence he has filed the instant appeal before us.
(3.) LET us now consider the merit of the instant appeal in the facts of the present case.;