JAHEER AHMED Vs. HARI SINGH & ORS.

JUDGEMENT

(1.) The Appellant seeks enhancement of the compensation awarded by the Tribunal by an order dated 31.03.2009 amounting to Rs. 1,85,400/ - extracted hereunder in a tabulated form: -

(2.) By the impugned award, the Tribunal found that the accident was caused on 22.06.2006 on account of rash and negligent driving of the Respondent No.1 Hari Singh while driving bus No. DL -1PB -5295 owned by Riyazuddin Ansari Respondent No.2 and insured by the New India Assurance Company Ltd. - Respondent No.3. It was held that the Appellant suffered 66% permanent disability in relation to his left upper limb which was taken as 30% in relation to the whole body. The Tribunal further held that the Appellant was running a shop to repair cycle rickshaw. The Appellant's income was claimed to be Rs. 5,500/ - per month which was disbelieved by the Tribunal in the absence of any documentary evidence. The Tribunal took the minimum wages of a semi skilled person; applied the multiplier of 12 according to the Appellant's age; deducted one -third towards personal expenses and awarded Rs. 92,400/ - towards loss of earning capacity. The Tribunal awarded Rs. 21,000/ - towards loss of income for a period of six months. The Tribunal held that the Appellant was not entitled to a sum of Rs. 2,000/ - for purchase of medicines and medical treatment and Rs. 20,000/ - spent on conveyance and special diet. Since the driving licence of Respondent No.1 expired on 27.03.2006 and was renewed only on 23.10.2006 after a gap of seven months thus, Respondent No.1 did not have effective and valid driving licence on 22.06.2006 i.e. the date of the accident. The Tribunal, therefore, gave the right of recovery of the compensation amount to Respondent No.3 from the owner of the offending vehicle i.e. Respondent No.2.

(3.) Learned counsel for the Appellant has raised the following grounds for enhancement of compensation: -