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2012 Supreme(Raj) 54

MAHESH BHAGWATI
Virendra Singh – Appellant
Versus
Ramdhan – Respondent


Advocates Appeared
S.K. Tiwari, for Appellant

Hon'ble BHAGWATI, J.—Challenge in this appeal is to the order dated 17th April, 2006 whereby the Motor Accident Claims Tribunal, Behrod decreed an amount of Rs.48,500/- in favour of the appellant-claimant-Virendra Singh and against the respondents-non-claimants.

2. Having heard the learned counsel for the appellant and carefully perused the impugned judgment, it is noticed that on 18th January, 2004, at about 3.00 PM the appellant-claimant-Virendra Singh was coming and when he reached near Kheda Choudhary Hotel, one Jeep bearing registration No.RJ-06-C-7899 suddenly came and wrongly hit the claimant as a result of which he sustained grievous injuries on his person.

3. Learned counsel for the appellant canvassed that the appellant was a cleaner and his monthly income was Rs.3,000/- per month on the date of occurrence but the learned Tribunal is found to have considered the minimum wages i.e. Rs.73/- per day, permissible on that day.

4. Learned counsel further canvassed that the appellant not only sustained simple injuries but sustained fracture on his leg also as a result of which he was not able to perform his routine functions as usual. The learned Tribunal did not consider all these


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