OM PRAKSH Vs. ROHTAS SINGH TYAGI

JUDGEMENT

(1.) THE appellant has challenged the award of the learned Tribunal whereby compensation of Rs.3,58,857.00 has been awarded to him. The appellant seeks enhancement of the award amount.

(2.) THE accident dated 31st July, 1996 resulted in grievous injuries to the appellant. The appellant was going to Jhandewalan via Minto Road on the scooter. The appellant stopped the scooter at the red light on the crossing near Narula Hospital, Connaught Place when a blue line bus bearing No.DL1P-2268 came from behind and hit the appellant due to which the appellant fell down on the road and his right leg was crushed under the wheel of the bus. The appellant was taken to Ram Manohar Lohia Hospital by the police from where he was shifted to Parmarth Hospital on 1st August, 1996. The appellant.s right leg was operated. On 8th August, 1996, the appellant was shifted to Pentamed Hospital where he underwent surgery. He was again admitted in Parmarth Hospital on 11th August, 1996 and was discharged on 21st September, 1996. He underwent bone grafting and skin grafting. He was again admitted in Parmarth Hospital on 4th October, 1996 and was discharged on 12th October, 1996. He was also admitted in Narang Hospital on 14th November, 1996 and was discharged on 15th November, 1996. He remained on treatment for almost six months. The appellant proved the bills pertaining to the treatment taken by him vide Ex.PW1/1 to Ex.PW1/3. The appellant suffered permanent disability to the extent of 45% proved by way of disability certificate Ex.PW1/4.

(3.) THE learned counsel for the appellant has urged the following grounds at the time of hearing of this appeal:-