M.Y.EQBAL, J. - (1.) THIS appeal is directed against the judgment and award dated 18th August 2004 passed by Motor Vehicle Claims Tribunal, Dhanbad, whereby the Tribunal awarded a sum of Rs. 4,34,000.00 by way of compensation for the injury sustained by the claimant.
(2.) THE claimant -appellant is in the police service and at the relevant time he was posted as, A.S.I. of Bihar Police at Mahuda P.S. within the district of Dhanbad. In the night of 2.8.1995 while the claimant was on patrolling duty in a jeep, it collided with a truck bearing registration No. BHO -6847 causing serious injuries to the claimant, Because of the injuries, right leg above the knee and at the middle of the thigh has been amputated. The defendant -respondent No. 2 is the insurer of the truck. The claimant claimed compensation of Rs. 6,00,000.00 . The defendant -respondent No. 2 Insurance Company appeared and filed written statement, wherein insurance of the vehicle was admitted. The owner of the truck produced valid driving license, road permit, tax token, fitness certificate etc. The tribunal after hearing the parties and after considering the evidence assessed the compensation at Rs. 6 lacks. However, out of the total compensation, the Tribunal deducted 1/3rd towards personal expenses of the claimant and awarded compensation of Rs. 4,34,000/ -. The claimant -appellant preferred this appeal for enhancement of compensation. Mr. M.B. Lal, learned Counsel of the appellant, submitted that deduction of 1/3rd amount out of the total compensation amount by the Tribunal is wholly erroneous and against the principle of law settled by the Supreme Court and the High Courts. Learned Counsel submitted that 1/3rd amount out of the monthly earnings is to be deducted only in cases where compensation is claimed for the death and not for the injuries. Learned Counsel further submitted that compensation [of Rs. 6 lacs for imputation of right leg (above the knee) cannot and shall not be unreasonable and unjustified.
(3.) MR . H.K. Singh, learned Counsel for the respondent -Insurance Company on the other hand submitted that against the impugned judgment, the Insurance Company also preferred appeal being M.A. No. 274/2004. That appeal was dismissed by this Court and the respondent -Insurance Company of that appeal was directed to deposit the amount in Lok Adalaf to enable the claimant to receive the same. Mr. Singh, therefore, submitted that once appeal filed by the Insurance Company is dismissed, this appeal should also bee dismissed as because there cannot be two different orders in two different appeals arising out of the common judgment and award In reply to the said submission Mr. Lal learned Counsel for the claimant submitted that the in the appeal filed by the Insurance Company, the claimant was neither noticed nor has knowledge about the appeal and the same was dismissed at the admission stage. In that view of the matter, the appeal filed by the claimant for enhancement of compensation amount cannot be dismissed.;