BINAY KUMAR Vs. RIYAZUDDIN ANSARI

JUDGEMENT

(1.) The Appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 35,200/- has been awarded to him. The Appellant seeks enhancement of the award amount.

(2.) The accident dated 25th November, 2004 resulted in grievous injuries to the Appellant. The Appellant was standing at Shastri Park red light when he was hit by blue-line bus bearing No. DL-1PB-5295. The bus hit the Appellant and dragged him for about 10 to 15 ft. The Appellant suffered fracture in his right leg and multiple ruptures in the left leg. The Appellant was initially taken to GTB Hospital from where he was shifted to Sant Parmanand Hospital. The Appellant remained under treatment for three months. The Appellant suffered permanent disability of 8% in respect of left lower limb due to post traumatic stiffness left ankle with scarring left leg as per disability certificate - Ext.PX-1. The Appellant is a practicing lawyer. The Appellant joined the practice in 2003. At the time of the accident, the Appellant was working as a junior lawyer with M/s Amar Associates drawing Rs. 8,000/- per month as retainership fee which was proved by the certificate - Ext.PWl/27. The Appellant appeared in the witness box and deposed that he was also earning Rs. 2,000/- from his private practice and his total income at the time of the accident was Rs. 10,000/- per month.

(3.) The learned Tribunal disregarded the evidence of income of the Appellant and took minimum wages of Rs. 3,654.90 per month and awarded Rs. 10,965/- towards loss of income for three months. The learned Tribunal awarded Rs. 1,400/- towards conveyance, Rs. 500/- towards special diet and Rs. 10,000/- towards pain and suffering. The total compensation awarded is Rs. 35,200/-.