CHOTEY KHAN Vs. NIRANJAN & ORS.

JUDGEMENT

(1.) The appeal is for enhancement of compensation in respect of injury suffered by Appellant Chotey Khan in a road accident on 27.10.2009. The Appellant suffered compound fracture of left ankle, injuries over right temporal region and pinna of the ear. He remained under treatment in Sushruta Trauma Centre from 27.10.2009 to 16.11.2009. He received further treatment in Swaran Jayanti Samudaik and Asha Hospital, Mathura, Uttar Pradesh. As per the treatment record the last treatment received by the Appellant on 23.07.2010. The Appellant suffered permanent disability of 26% of left lower limb as per disability certificate Ex. PX. The Tribunal assessed the compensation as Rs. 2,98,877/ -, which is tabulated hereunder: -

(2.) The following contentions are raised on behalf of Appellant: -

(3.) According to the disability certificate Ex. PX, the Appellant suffered compound fracture of left ankle with skin avulsion with skin grafting on the dorsum of the foot. He suffered 26% permanent disability in respect of his left lower limb. Though, the Appellant deposed that he would not be able to earn his livelihood on account of injuries he suffered, yet no medical evidence was produced that the Appellant would not be able to ride on a bicycle. In the circumstances, the loss of earning capacity was rightly taken by the Tribunal to be 20%. A compensation of Rs. 1,40,000/ - under this head seems to be just and reasonable.