- (1.) BY the Court: This appeal has been preferred against the judgment and order dated 12.4.2004 passed by the Motor Accident Claims Tribunal,Jaipur in MAC No.123/2004 for enhancement of the amount of compensation.
(2.) THE contention of the appellant is that the learned Tribunal has not considered the evidence in true perspective. Admittedly, in the alleged incident, the claimant- appellant has sufferred permanent disability to the extent that he still cannot walk and inspite of that, meagre amount has been 1/3rd awarded. deduction has been wrongly made for his personal expenses and looking to the age of the cliamant, the multiplier of 15 should be applied and the award of compensation should be enhanced proportionately. Per contra, the contention of learned counsel for the insurance company is that the claimant has suffered only 75% disability and and he is entitled for loss of income upto 75% only, hence there is no infirmity in the impugned award. Heard learned counsel for the parties and perused the impugned award as well as the original record of the case.
(3.) LEARNED Tribunal has considered the fact that the claimant has sufferred disability and the certificate has been placed on record as Ex.14. It is true that disability has been scaled as 75% but it has further been specifically stated in the certificate given by the medical board that injured will be dependant on others for all activities of daily living even for passing stool and urine. It clearly suggests that for all practical purposes, claimaint has suffered 100% disability and after considering his salary, the amount of compensation has been rightly assessed but at the same time 1/3rd amount has been deducted for his personal expenses.Admittedly, this is not a case of 1/3rd death and hence money could not be deducted in lieu of personal expenses of the living person and hence deduction of 1/3rd amount has wrongly been deducted and present claimant is entitled for the same.;