IMPORTANT POINT
The court established that permanent disability due to amputation warrants a 100% loss of earning capacity, justifying enhanced compensation.

JUDGMENT :

(Nupur Bhati, J.)

1. Appellant/Claimant has preferred the instant misc. appeal under Section 173 of the M.V. Act, 1988 (Act of 1988) seeking enhancement of the compensation awarded by learned Judge, Motor Accident Claims Tribunal, Bhilwara (Tribunal) vide judgment and award dated 05.01.2016, which later on was modified on 29.02.2016 by learned Tribunal in MAC Case No.1072/2013, for the injuries suffered by the claimant in the accident, whereby the learned Tribunal has awarded meagre compensation of Rs.7,94,796/- alongwith interest @ 6% per annum from the date of filing the claim petition. The liability to satisfy the award was fastened upon the non-claimants jointly and severally.

2. Briefly stated, the facts of the case are that the appellant/claimant filed a claim petition under Section 140 & 166 of the Act of 1988 claiming compensation of Rs. 24,00,000/- for the injuries suffered by him in the accident. It was stated in the claim petition that on 20.03.2013 at about 11:00 am, while the appellant was going on the road Kasya-Singoli on his motorcycle in right direction and when he reached near MP Boarder, a Car bearing registration number RJ-27-CB-6615 being driven by its driver rashly and negligently hit the motorcycle, as a result of which appellant and his wife suffered injuries. An FIR of the accident was also lodged at Police Station, wherein after investigation charge sheet was filed against the driver of the offending car for offences under Sections 279, 337, 338 IPC and Sections 184, 134/18 of the Act of 1988. In the accident, the appellant/claimant sustained grievous injuries and his right leg was amputated above the knee and thereby he sustained permanent disability to the extent of 100%. It was further stated in the claim petition that the appellant was an agriculturist and apart from doing the agriculture work, the appellant was employed in Uparmal Dhakad Stone Mines and thus was earning Rs.25,000/- per month.

3. Despite service of the summons upon non-claimants No.1 and 2, nobody appeared on their behalf and, therefore, exparte proceedings were drawn against them on 20.03.2014 by the learned Tribunal.

4. Non-claimant No.3/respondent No.3 contested the claim petition filed by the appellant by filing reply to the same. The non-claimant No.3 insurance company denied the accident being caused by the insured vehicle. It was stated in the reply that the FIR was lodged with a delay of three days, which was lodged by one Ratanlal, who also was plying his motorcycle and the appellant injured was plying his motorcycle. While they were talking to each other and while the motorcycles were plied near, they lost the balance and collided and sustained injuries. However, with a view to claim compensation, the offending car was involved in the matter. An objection with respect to driver of the offending vehicle not having valid and effective licence was raised and thus on account of violation of the conditions of the policy, the insurance company was not liable to pay the compensation. A prayer for rejection of the claim petition was made.

5. On the basis of pleadings of the parties, the learned Tribunal vide order dated 28.01.2015 proceeded to frame five issues including relief. In support of his claim petition, the claimant examined himself as AW.1 and also examined Dr. Rajendra Lodha as AW.2. In documentary evidence, the claimants exhibited Ex.1 to Ex.142. The non-claimants however did not lead any evidence, either oral or documentary.

6. The learned Tribunal thereafter heard arguments of the counsel for the claimant and non-claimant No.3 and vide judgment and award dated 05.01.2016, which was modified on 29.02.2016, proceeded to partly allow the claim petition and awarded compensation of Rs.7,94,796/- for injuries suffered by the claimant along with interest @ 6% p.a. from the date of filing the claim petition while holding all the non-claimants jointly and severally liable to satisfy the award.

7. The instant misc. appea