Minimum wage standards must be considered for calculating compensation in personal injury cases, especially when assessing future loss of income due to permanent disabilities.

JUDGMENT :

Mool Chand Tyagi, J.

1. The captioned appeal has been preferred against the impugned judgment and award dated 14.10.2009 passed by the learned Motor Accident Claims Tribunal (Aux.), Fastrack Court No. 2, Ahmedabad (Rural) at Mirzapur, in M.A.C.P. No. 528 of 2003, whereby the learned Tribunal has partly allowed the claim petition and awarded a sum of Rs.2,35,000/- (Rupees Two Lakh Thirty Five Thousand Only) along with interest at the rate of 9% per annum, from the date of filing of the claim petition till its realization, as compensation.

2. The succinct facts as per the Claim Petition, which lead to the filing of the captioned appeal are summarized as under :-

i. On 05.01.2003, the appellant herein was travelling in the truck bearing Registration No. GJ-18-T-2091 as a conductor/cleaner. While returning to Jetalpur, the respondent No.1- driver of the said truck was driving the truck at an excessive speed, in a rash and negligent manner, endangering human life and when the said truck was passing through the sim of Kenral village on National Highway No.8, another truck which was going ahead of the truck driven by respondent No.1 slowed down, and the respondent No.1 could not control the truck in which the appellant herein was sitting as a conductor/cleaner. Resultantly, the truck driven by respondent No.1 dashed with the rear portion of the other truck which was going ahead. In the said vehicular accident, the appellant herein sustained serious multiple fractures on his right leg and also sustained injuries on the other parts of the body. The appellant was immediately shifted to L.G. Hospital and thereafter to V.S. Hospital and was treated as an indoor patient from 05.01.2003 to 28.02.2003. On 20.01.2003, surgery was conducted on the appellant’s right leg and his leg was amputated below the knee and thereafter on 02.02.2003, operation for plastic surgery was conducted.

ii. It is also the case of the appellant that at the time of the accident, the appellant was drawing a salary of Rs.1,500/- and he was also getting additional allowance of Rs.1,500/- and therefore, the monthly salary at the time of the accident would be Rs.3,000/-. It is also the case of the appellant that at the time of accident, the appellant was aged about 30 years and due to injury sustained in the accident, he could not lead a normal life. Therefore, he preferred the Claim Petition before the learned Tribunal seeking compensation of Rs.7,00,000/-.

iii.Having been served with the notices/summons of the Claim Petition, the respondent No. 3 – Insurance Company filed Exh.16 – Written Statement, thereby, denying the averments made in the claim petition and in brief, prayed for dismissal of the claim petition.

iv.Having considered the pleadings of the parties, the learned Tribunal framed the following issues at Exh.20, for determination.

i. Whether the Petitioner proves that he sustained injuries because of rash and negligent driving of the driver of the vehicle involved in the accident ?

ii. Whether the Petitioner proves that he is entitled to get compensation or any part thereof from the opponents or any of them?

iii.What order ?

v. In order to prove his claim, the appellant herein led oral as well as documentary evidences, such as:-

vi. As transpires from the records, the respondent no.3 - Insurance Com