PANWAR, J. - (1.) THIS appeal is directed against the judgment and award dated 14. 8. 95 passed by the Motor Accident Claims Tribunal, Dungarpur (for short `the Tribunal') in MACT Cases No. 40 of 1993 by which the learned Tribunal awarded a sum of Rs. 30,000/- as compensation in favour of appellant and against the respondents.
(2.) AGGRIEVED and dis-satisfied by the quantum of compensation awarded by the learned Tribunal, the appellant-claimant has filed this appeal. Brief facts which are necessary to dispose of this appeal are thus : On the intervening night of 12th/13. 10. 1992, while appellant, Hariya, Laloo and Bhoora were sleeping in their field situated in village Gariyala. They were run over by Truck No. RJB 575 which came from Gariyala side. At the relevant time, the said truck was driven rashly and negligently by its driver respondent No. 1 Arjunlal. Due to this accident, the appellant sustained service injuries on his person resulting in fracture of both the legs. Despite prolonged treatment, the injuries resulted in permanent disablement to the extent of 55 per cent. The learned Tribunal reached to the conclusion that this accident was result of rash and negligent driving of the truck by its diver respondent No. 1. While deciding the issue of quantum of compensation, the learned Tribunal assessed and awarded a sum of Rs. 300,000/ -. Issue of negligence is not under challenge and, therefore, it has become final. I have heard learned counsel for the parties and perused the record. i have scrutinised and evaluated the evidence on record. It was specifically pleaded by the appellant that due to the aforesaid accident resulted in fracture of his both the leg'bones. He remained under treatment at Sagwara and other places. He had incurred expenses in all Rs. 40,000/- in treatment, nourishment/special diet etc. It was also pleaded that at the relevant time, he was undertaken the work of agriculture by which his monthly income was Rs. 3000/- but because of accidental injuries, he became permanent disabled and, therefore, he is now unable to undertake agriculture work. He has been deprived of income for the present and future. He has also placed on record the injury report Ex. 4, certificate of permanent disablement Ex. 7, Medical Treatment Prescription of Dr. Mahendra Singh Tyagi, Junior Specialist (Surgery), Sagwara Ex. 10, medical treatment Prescriptions of Dr. Shashank S. Gandhi, M. S. (Orthopaedics), Ahmedabad Ex. 8 and 10, and Cash Memos of various Medical Stores at Sagwara Distt. Dungarpur from Ex. 11 to Ex. 18.
(3.) LEARNED counsel for the appellant contended that looking to the nature of injuries, which resulted in permanent disablement, the compensation awarded by the learned Tribunal is too low and do not commensurate with that of the injuries. The learned Tribunal awarded following compensation:- 1. For Treatment Expenses Permanent Disablement etc. Rs. 17000/- 2. For Injuries & Fractures Rs. 13000/- Total Rs. 30000/- I have given my thoughtful consideration to the contentions raised by the learned counsel for the appellant. Undoubtedly, the appellant sustained the following injuries on his person:- 1. Lacerated wound 3 cm x 1 cm x bone deep over front of left leg- upper part- grievous. 2. Abrasion 5 cm x 2 cm over front of right knee joint- simple. 3. Swelling 10 cm x 5 cm over right gluteal R - grievous. 4. Abrasion 3 cm x 1 cm above back of right ellion-Simple. 5. Abrasion 5 cm x 1 cm over lower part of vertabra - simple. On being examined by the Radiologist, the X-ray report shows fracture of left Tibia and Febula in upper 1/3rd region and dislocation of right hip joint. The injured-claimant was examined by Dr. Anil K. Banbir, M. S. (Orthopaedic), Junior Specialist, Government Hospital,dungarpur on 4. 2. 95 and accident took place on 13. 10. 92. As such, it is clear that the appellant was examined with regard to disability after about more 2 years 6 months. On examination, the doctor found that he is having severe degree restricted movement of left knee with moderate to severe degree restriction of ankle movements. He is having painful and supported walking with pus discharging sinus on left leg with swelling foot. As per "alimco" he is having fifty five percent permanent disability of left lower limbs. ;