SUNNY KUMAR Vs. VIRENDER @ MOHAN AND ORS.

JUDGEMENT

(1.) THE Appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 53,650/ - has been awarded to him. The Appellant seeks enhancement of the award amount.

(2.) THE accident dated 29th May, 1998 resulted in grievous injuries to the Appellant. The Appellant was driving two -wheeler scooter bearing No. DL -3S -H -8503 while going to Perhlad Pur. When the Appellant reached Bawana Narela Road near Water Supply Office, he was hit by Maruti car coming from opposite direction at a very fast speed as a result of which, the Appellant fell down and suffered injuries. The Appellant suffered fracture of both legs and was admitted to Tirath Ram Shah Hospital for about 15 days where he was operated upon and a rod was inserted in both the legs of the Appellant. The Appellant took follow -up treatment from the hospital for about one and a half years. The Appellant suffered disability of 40% as per certificate dated 21st December, 1959 (Ex.P -126). However, the Claims Tribunal disregarded the certificate on the ground that the certificate does not specify whether the disability of the Appellant was permanent/temporary. The Claims Tribunal held that the Appellant was entitled to Rs. 69,213/ - towards medical expenditure, Rs. 2,000/ - towards conveyance, Rs. 1,000/ - towards special diet and Rs. 15,000/ - towards loss of income. The Claims Tribunal further awarded Rs. 20,000/ - towards pain and suffering. The total compensation computed is Rs. 1,07,300/ -. The Claims Tribunal held the Appellant to be 50% contributory negligent on the ground that the Appellant did not produce the driving licence held by him at the time of the accident.

(3.) WITH respect to the driving licence, the learned Counsel for the Appellant has produced the original driving licence and has filed the photocopy of the same along with the affidavit certifying that the Appellant was holding a valid driving licence at the time of the accident. It is submitted that the Appellant could not produce his licence before the Claims Tribunal as he was undergoing treatment at that time. The original driving licence has been perused and the finding of the contributory negligence passed by the Claims Tribunal on the sole ground that the Appellant did not have a valid driving licence at the time of the accident is set aside.