Advocates:
['MANOJ JOSHI', 'SHAMBHOO SINGH', 'S SINGH', 'RK SINGHAL', 'AK DADHICH']

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR.

J U D G M E N T

Nanu Bhai @ Nanu Lal Vs. Jitender & Ors.

S.B. Civil Misc. Appeal No.852/2004 under

Section 173 of the Motor Vehicles Act

against the award passed by Motor Accident

Claims Tribunal, Dungarpur.

Date of Judgment:: 13-10-2004

HON’BLE MR. JUSTICE PRAKASH TATIA.

Mr. Manoj Joshi, for the appellant.

Mr. R.K. Singhal,

Mr. Shambhoo Singh, for the respondents.

Heard learned counsel for the parties.

This appeal is against the award dated 21.1.2004 by

which the Motor Accident Claims Tribunal in claim case No.75/2001

awarded total compensation of Rs.4,60,000/- to the claimants on

account of damages which he suffered due to accident occurred on

2.12.1999. In the accident, the claimant's left leg was amputated

from above the knee. The claimant submitted claim petition for

Rs.17,58,000/-. The Tribunal awarded Rs.4,60,000/- in total.

According to learned counsel for the appellant, the

Tribunal committed serious error of fact when the Tribunal

refused to accept the monthly income of the claimant as

Rs.15,000/- despite the fact that the claimant was working at

Quwait and he produced his bank pass-book which