SHAHID ALI Vs. TOTA RAM

JUDGEMENT

(1.) This appeal has been preferred by the claimant against Award dated 19th July, 1996 whereby the learned Tribunal awarded a sum of Rs. 50,000/- as compensation to the claimant.

(2.) The brief facts relevant for the purpose of deciding this appeal are that on 17th August, 1987, the claimant was going towards JPN Hospital on foot, when he reached near Turkman Gate and J.L.N.Marg crossing, a three wheeler scooter bearing No. DHR 1475, driven by respondent No. 1, in a rash and negligent manner, hit him and caused the accident. The impact was quite forceful and the appellant received serious grievous injuries on his person. He was removed to JPN Hospital. The injury received by him was ,,compound fracture of both legs. From JPN Hospital, he was removed to St. Stephens Hospital. He was operated upon twice. Bone-grafting and k-nailing had to be done. Steel rod was inserted in the leg of the appellant to fix it. However, despite all efforts, the appellants lower limb did not recover fully and he was examined by Medical Officer of Safdarjung Hopital who assessed disability of the appellant to the tune of 65%. At the time of accident, the appellant was working with M/s G.K. Enterprises as a Helper on a monthly salary of Rs. 900/-. The fact of his being employed with M/s. G.K. Enterprises was proved by examining an official of M/s. G.K. Enterprises and his salary was also proved before the Tribunal. It was also proved that after the accident, his service was terminated as he had become unfit to do the job of Helper because both of his legs had become dis-functional. He was not able to perform the duties of a Helper. The Tribunal awarded a sum of Rs. 5,000/- to the appellant under the head of expenses on medicines, conveyance and special diet, a sum of Rs. 35,000/- as compensation for his financial loss and a sum of Rs. 10,000/- as compensation for mental shock, pain and sufferings. Thus, the Tribunal awarded a sum of Rs. 50,000/- as the total compensation making respondents No 1,3 and 4 jointly and severally liable to pay this compensation amount. The insurance companys liability was considered to be limited to Rs. 50,000/-. The appellant was allowed 12% interest on this amount from the date of filing of the petition till the date of award and for future period, if the payment of awarded amount was not made within 30 days.

(3.) It is submitted by counsel for the appellant that the Tribunal had not given basis for awarding Rs. 35,000/- only as compensation for financial loss. It was the case of the appellant that he lost 100% of his capacity to earn and in view thereof award of Rs. 35,000/- was too meager. There was no rationale for awarding Rs. 35,000/-.