JUDGMENT :

Hon'ble Pankaj Purohit, J.

The present Appeal From Order has been preferred by the appellant seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal/District Judge, Udham Singh Nagar, vide judgment and award dated 29.03.2011 passed in Claim Petition No. 366 of 2008, whereby the Tribunal partly allowed the claim petition and awarded a sum of Rs. 50,000/- as lump sum compensation, fastening the liability upon the insurer. The appellant is aggrieved by the said award on the ground that the Tribunal failed to consider and assess the permanent disability suffered by the claimant as a consequence of the accident, resulting in gross inadequacy of compensation.

2. The brief facts of the case, as borne out from the record, are that on 25.06.2008 at about 12:00 midnight, the claimant Devdatt Joshi was working as a cleaner on tanker bearing registration No. UA-06C-2921, which was carrying diesel and proceeding towards Kashipur. When the vehicle reached near village Udhawala on Afzalgarh–Jaspur road, Police Station Afzalgarh, District Bijnor, a tractor-trolley came from the opposite direction. In an attempt to save the tractor- trolley, the tanker went out of control and collided with a house. Due to the impact, the cleaner side window opened, as a result of which the claimant fell down from the tanker and his right hand was crushed under the rear wheel of the tanker. Immediately after the accident, the claimant was taken to the Primary Health Centre, Kashipur. After initial treatment, he was referred to a higher centre and admitted at Sai Hospital, Muradabad, where during treatment his right hand had to be amputated. It was pleaded that at the time of the accident the claimant was about 52 years of age and was earning Rs.3,300/- per month as a cleaner. Due to amputation of his right hand, the claimant became permanently and completely disabled, rendering him incapable of performing any manual work, which resulted in serious financial hardship and mental agony. On these averments, the claimant filed a claim petition under Sections 163-A/167 of the Motor Vehicles Act seeking compensation of Rs.5,50,000/- along with interest.

3. The appellants submitted that the victim (now deceased) was employed as a cleaner on the said tanker and was discharging his duties in the course of employment when the accident occurred. The appellants specifically pleaded that as a result of the accident, the right hand of the victim was crushed under the rear wheel of the tanker, necessitating amputation, thereby rendering him permanently and completely disabled. It was further pleaded that due to the said permanent disability, the victim had lost his earning capacity and became incapable of performing any manual or physical work. They also submitted that the Tribunal failed to appreciate the disability certificate certifying that the victim has suffered a 80 % disability as a result of the said accident as a result of which only a meager amount Rs.50,000 was awarded to them. The appellants also submitted that they had incurred substantial medical expenses mental agony and loss of consortium. On these premises, the appellants have sought enhancement of compensation under Sections 173 of the Motor Vehicles Act along with interest before this Court.

4. The owner of the tanker filed a written statement admitting the occurrence of the accident but denied negligence. It was pleaded that the accident occurred while attempting to save the tractor-trolley coming from the opposite side. It was further pleaded that the tanker was duly insured with the National Insurance Company Ltd. for the period covering the date of the accident and that the driver was holding a valid and effective driving licence. It was asserted that in case of any liability, the same was to be borne by the insurer.The driver of the tanker also filed a written statement supporting the stand of the owner and denied rash and negligent driving. He asserted that the accident