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2008 Supreme(SC) 853

S.B.SINHA
Rajesh Kumar @ Raju – Appellant
Versus
Yudhvir Singh – Respondent


JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. Claimant before the Motor Accident Claims Tribunal is the appellant before us. On 11.8.2001, he was driving a two wheeler vehicle being a scooter. It was hit by a bus bearing Registration No.DL-1P-A- 0746. He was a motor mechanic.

In July 2003, he filed a claim in terms of Section 166 of the Motor Vehicles Act, 1988 (for short, ‘the Act’) claiming a sum of Rs.10,00,000/- along with interest at the rate of 18% per annum. Allegedly, he suffered 60% total disability. His claim was based on the premise that he was earning a sum of Rs.4,500/- per month.

3. Before the Tribunal, the appellant relied upon a certificate purported to have been issued by the Civil Surgeon, Faridabad on 11.11.2003 stating that he had suffered 60% disability. The learned Motor Vehicle Accident Claims Tribunal awarded a sum of Rs.1,68,941 by way of compensation opining that his income was Rs.3,000/- per month and he was entitled to compensation upon taking 30% of his income at the rate of Rs.900/- per month being a total sum of Rs.20,000 besides the amount of compensation towards pain and sufferings and a sum of Rs.5,000/- as general damages including conveyance, sp













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