JAGBANDHU BANERJEE Vs. SANTOSH KUMAR

JUDGEMENT

(1.) THE appellant has challenged the award of the learned Tribunal whereby compensation of Rs.1,64,000 has been awarded to him. THE appellant seeks enhancement of the award amount.

(2.) THE accident dated 19th August, 2003 resulted in grievous injuries to the appellant. THE appellant was standing on the red light on his scooter when he was hit by Maruti Car bearing No. DL-ICC-7589 from behind. THE appellant fell down from his scooter and suffered fracture of femur bone of his left leg. THE appellant was admitted in Safdarjung Hospital and was operated upon for fixing a plate. THE plate fixed by the surgeon inside the leg deflected from the fixed position which did not improve with treatment and finally another surgery was performed in Safdarjung Hospital in April, 2004 for removal of the plate and fixing a rod. THE appellant remained hospitalized for the second time from 13th April, 2004 to 22nd April, 2004. On 30th November, 2005, the doctors told the appellant to walk slowly. THE appellant's leg has become shorter and his disability has been assessed as 12% vide disability certificate Ext. P-1,

(3.) THE learned Tribunal has awarded Rs.15,000 for loss of income during the period of treatment by taking the difference between the Income Tax Return before the accident and after the accident. During the financial year 2002-03, the appellant's income was Rs.88,227 which reduced to Rs.63,181 in 2004-05. THE difference between the income of these years is Rs.25,046 (Rs.88,227- Rs.63,181). THE learned Tribunal has awarded Rs.15,000 towards loss of income during the period of treatment which is enhanced to Rs.25,000.