S.B. Civil Misc. Appeal No.1905/2010 Kabir Qureshi Vs. Dharmveer and Ors. Dated : 28.07.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. SK Singodiya, for the appellant. *** Challenge in this appeal is to the judgment and award dated 10th September, 2007 rendered by Motor Accident Claims Tribunal, Jhunjhunu whereby the learned Tribunal decreed an amount of Rs.2,31,000/- as compensation in favour of the appellant-claimant and against respondent Nos.1 to 3. Dissatisfied with this amount, the claimant has beseeched to enhance the quantum of compensation. 2. Background facts of the case, in a nut shell, are thus: That on 2nd April, 2005, the appellant Kabir Qureshi accompanied with Riyaz, Sakil, Sarphuddeen and Ikramuddin was taking goats and sheeps in a vehicle to Delhi for their sale. It is alleged that during intervening night of 2nd and 3rd of April, 2005 at about 12.15 hours, he had parked his vehicle on the way side and standing nearby it. In the meantime, one Jeep bearing registration No.HR-47-9373 emerged from the direction of Mahendragarh and suddenly hit him. This Jeep was driven by Dharamveer, who was in the employment of Ramniwas-the owner of the Jeep. In this accident, his right hand was amputated and his leg got fractured. The appellant filed a claim petition before the learned Tribunal. The Tribunal, after conclusion of the -2- trial, awarded the compensation of Rs.2,31,000/- in his favour as indicated hereinabove. 3. Heard the learned counsel for the appellant and carefully perused the impugned award. 4. Learned counsel for the appellant canvassed that his right hand was amputated and he sustained fracture in his leg. He incurred huge expenses on his treatment. Not only this, he sustained more than 40% permanent disability. The appellant, is now unable to lead his normal life and his earning capacity has reduced to a great extent. His earning was Rs.10,000/- per month at the time of accident. Despite these facts, learned Tribunal considered only Rs.3,000/- per month to be the income of the appellant and passed an award only of Rs.2,31,000/-, which is abysmally low. In the facts and circumstances of the case, this amount needs to be enhanced, hence, appeal be allowed. 5. Having reflected over the submissions made at the bar and carefully perused the impugned award, it is noticed that the appellant utterly failed to establish that he was earning Rs.10,000/- per month on the date of accident. Mere a statement with regard to his monthly income is not the proof thereof. The -3- appellant is required to prove and fully establish by cogent evidence that his monthly income was Rs.10,000/- on the date of accident. The appellant did not produce any documentary or clinching evidence, which could lead the Tribunal to infer that his income was in fact Rs.10,000/- per month. In the absence of any reliable and clinching evidence, the learned Tribunal rightly considered the minimum wages to be his monthly income which was prevalent at the relevant point of time. Learned Tribunal having considered the age and the fact of permanent disability applied a multiplier of 15 and thereafter reckoned Rs.2,16,000/- to be the loss of his income. Not only this, learned Tribunal is found to have awarded Rs.1,160/- towards medical expenses, Rs.5,000/- for treatment and Rs.10,000/- towards physical pain and trauma also. Thus, the learned Tribunal, having properly appreciated all the facts and circumstances of the case in right perspective, awarded an amount of Rs.2,31,000/- to the claimant which cannot be said to be abysmally low. The impugned award is found to be just and proper and suffers from no infirmity. The same is based on cogent and sound reasoning with which I fully concur and thus, the appeal being bereft of any substance, deserves to be dismissed at the threshold. -4- 6. For the reasons stated above, the appeal being bereft of any merit, stands dismissed accordingly. 7. No order as to costs. (MAHESH BHAGWATI)J. pcg