JITENDER KUMAR Vs. VIRENDER SINGH

JUDGEMENT

(1.) The appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 5,24,000 has been awarded to the appellant. The appellant seeks enhancement of the award amount.

(2.) The accident dated 7.6.2005 resulted in grievous injuries to the appellant. The appellant was going on his bicycle when he was hit by a bus bearing No. DL IP-A 6537. The appellant's right leg was amputated below knee. The disability of the appellant has been assessed to be 70 per cent in respect of right lower limb vide disability certificate, Exh. PW4/A. Dr. Ramakant Gupta, one of the member of the Medical Board which issued disability certificate appeared in the witness-box as PW 4 and deposed that the disability in respect of the full body was approximately 33 per cent.

(3.) The deceased was doing a private job at the time of the accident. In the absence of sufficient documentary proof, the learned Tribunal took the minimum wages of Rs. 3,100 per month, applied the multiplier of 17 and took the loss of earning capacity to be 33 per cent. The loss of earning capacity of the appellant was computed to be Rs. 2,09,000. Rs. 2,25,000 has been awarded towards medical expenses, Rs. 40,000 towards conveyance and special diet and Rs. 50,000 towards pain and suffering. The total compensation awarded is Rs. 5,24,000.