Pawan vs The Controller, The M.S.R.T.C.

Heard.

In the present appeal, the original claimant approached before this Court for enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Nagpur.

The undisputed facts of the present appeal is that on 02.02.2011, the appellant was riding the scooter bearing registration No.MHK-31-8986, and was proceeding from Saoner towards Nagpur. At that time, the offending ST bus bearing registration No. MH-40-N-8685 came from opposite direction in a high speed, and the driver of the bus could not control the vehicle, and gave dash to the scooter of the appellant from front side. Due to this accident, he has sustained head injury. The appellant was, therefore, admitted in various hospitals and diagnosed head injury with left FTP contusion. It is further stated that he was an indoor patient in the hospital and was in abnormal condition. He incurred around of Rs.15 lakhs towards the medical expenses and treatment. It is stated that till date, he has not 100% cured and became the permanent disabled.

It is further stated by the appellant that he was running a Dhaba and Family Restaurant and was earning Rs.10,000/- per month. But due to accident, he was not able to perform his regular work and became jobless. On the basis of this submission, he has claimed for compensation of Rs.35 lakhs.

Before the Claims Tribunal, through Power of Attorney, the evidence was recorded by appellant. It is established on record that appellant failed to produce any document that he was running a Dhaba and Family Restaurant as stated in the application nor any corroborative evidence was filed in support of his submissions. As such, the learned Tribunal has considered his monthly income at the rate of Rs.4,000/- per month as a notional income. The learned Tribunal accordingly calculated the compensation amount, and thereby awarded the compensation of Rs.8,28,000/- to the appellant before the Tribunal.

The appellant who approached before this Court has stated that the appellant was a healthy person, and due to the head injury, he is facing serious health issues. But all these aspects were not properly considered by the Tribunal. He has stated that even according to the Minimum Wages, the normal income of a person like petitioner would be Rs.5,000/- per month as a notional income. But the learned Tribunal has considered the notional income at very low level, i.e. Rs.4,000/-per month, and hence, interference of this Court is necessary in the matter.

The learned Counsel for the respondent has strongly opposed the present appeal. According to the respondent, as no cogent evidence was produced by the appellant before the Tribunal, the Tribunal has rightly considered his monthly income as Rs.4,000/-. As such, the calculation which the Tribunal has done in the matter is just and proper in the facts and circumstances of the case.

The appellant has pointed out as per the law laid down in catena of judgment of the Hon’ble Supreme Court of India, the notional income of a person who is doing a private work as per the Minimum Wages Act at the minimum level can be considered at least Rs.5,000/- per month. He has pointed out recently the Hon’ble Supreme Court of India in a case of a housewife has considered the notional income Rs.30,000/- per month. Hence, considering the facts of the present case, in my considered opinion, the amount of Rs.5,000/- will be moderate and justified as a monthly notional income in the present matter.

It is further pertinent to note that the learned Tribunal towards the transportation and attendant charges has awarded only Rs.20,000/-, which according to the appellant should be Rs.25,000/- each. In my opinion, this prayer is justified in the matter.

In view of the above, the impugned judgment and order passed by the learned Tribunal is required to be modified, and in my opinion, the entitlement of the appellant would be Rs.9,25,600/-. Hence, the following order is passed:

The appeal is partly allowed.

ii) The judgment and order passed by learned Motor Accident Claims Tribunal-2, Nagpur is modified to the extent that the appellant is held entitled for the compensation of Rs.9,25,600/-.

iii) The rest of the order passed by the learned Motor Accident Claims Tribunal-2, Nagpur is confirmed.

iv) The respondent- M.S.R.T.C. is directed to deposit the enhanced amount within a period four weeks with the Registry of this Court.

Needless to mention that any amount paid or withdraw by appellant shall be deducted enhance amount.

vi) After deposit of the said amount, the appellant will be entitled to withdraw the same subject to satisfaction of Registrar (Judicial).

The First Appeal stands disposed of accordingly. No order as to the costs.