SH. SAEED Vs. SH. HEMA KANT & OTHERS

JUDGEMENT

(1.) IN this appeal the appellant has made a challenge to the judgment and award dated 16.01.2006 of Motor Accident Claim Tribunal (MACT), Delhi whereby he had awarded a sum of Rs. 3,10,756/ - as compensation in the claim petition filed by the appellant for seeking compensation on account of injuries sustained by him in the road accident which took place on 25.11.2003. The appellant was crossing the road when he was hit by bus DL 1 PB 5371 driven by its driver at a very fast speed and in a rash and negligent manner. Due to impact of the accident, he fell down and sustained grave injuries with multiple fractures in his left leg. He was removed to GTB hospital where he remained admitted from 25.11.2003 to 22.02.2004. Three major operations were conducted on left leg of the appellant and multiple steel rods were inserted in his left leg. Skin grafting was also done on the left leg by taking out flesh from his right thigh. The appellant suffered degloving of left leg besides painful ankylosis of left knee joints and reduced movement of left ankle. He sustained permanent disability of 82 percent. He was aged about 20 years at the time of accident and was working in a metal factory at Muradabad and earning Rs. 5,000 to Rs. 6,000/ - per month.

(2.) THE tribunal, based on prescribed minimum wages, estimated the income of the petitioner to be Rs. 2,784/ - p.m. He estimated the financial loss of earning capacity of the appellant to be 40% of the permanent disability of 82%. He assessed total loss of earning capacity to be Rs. 2,27,256/ - and awarded compensation of Rs. 3,10,756/ - in total which was made up of Rs. 2,27,256/ - on account of loss of earning capacity, Rs. 10,000/ - on account of expenses, conveyance and special diet, Rs. 8500/ - on account of loss of income during the period of treatment, Rs. 25,000/ - on account of mental pain and agony and Rs. 40,000/ - on account of loss of future enjoyment of life.

(3.) I have heard the learned counsel for the appellant and for the respondent No. 2/insurance company.