SURENDER Vs. SURENDER PAL SINGH

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation for the injury suffered by the Appellant in motor accident which took place on 16.03.2007. On the said date at about 11:45 AM the Appellant along with Mahesh, Satish and Sanjay was proceeding to Bahalgarh from Kumaspur Chowk, G.T.Road in a TSR No.HR-69-5768. It is alleged that on account of the rash and negligent driving of the TSR by Respondent No.1 Surender Pal Singh, it overturned resulting in serious injuries on Appellants person. THE Appellant remained admitted in Govt. Hospital in Sonepat from 16.03.2007 to 23.03.2007 and then Safdarjang Hospital from 31.03.2007 to 11.04.2007. THE left hand had to be amputated below the elbow resulting in 75% disability in respect of the left hand.

(2.) IN the absence of any evidence as to the Appellants income, the Tribunal assumed the minimum wages of an unskilled worker i.e. Rs. 3470/- per month; took 75% permanent disability in respect of the left upper limb; to be 40% in respect of the whole body; applied the multiplier of 16 and granted Rs. 2,66,496/- towards the loss of earning capacity. Since the Appellant could not work for six months, a sum of Rs. 20,820/- was awarded towards loss of income; Rs. 15,000/- towards special diet, Rs. 15,000/- towards conveyance in addition to a sum of Rs. 1,50,000/- towards mental pain and agony, physical disfigurement and loss of amenities in life. The total compensation was computed as Rs. 4,67,316/-.

(3.) IT is submitted by the learned counsel for the Appellant that the Appellant was working as a construction worker and thus amputation of left hand at elbow would result in 100% functional disability. I would not agree. In the Claim petition or even during evidence it was not the Appellants case that he was working as a construction worker.