RAVI PRATAP SINGH Vs. NAVEEN KUMAR

JUDGEMENT

(1.) The Appellant seeks enhancement of compensation for having suffered injuries in a motor accident which took place on 11.4.2010 within the jurisdiction of Police Station, Burari. The Appellant suffered fracture to the both bones of the right leg. He was removed to Guru Govind Singh Hospital and was then shifted to Aruna Asaf Ali Hospital, Delhi. The Appellant remained admitted in the hospital from 11.4.2010 to 19.4.2010. He was operated on 13.4.2010. A nail was inserted to give support to the bones. The Motor Accident Claims Tribunal (the Tribunal) awarded a total compensation of Rs. 1,07,600 which is tabulated hereunder: <FRM>JUDGEMENT_698_ILRDLH22_2012_1.html</FRM>

(2.) The Appellant's grievance is that he used to manufacture knives. Because of the injuries suffered by him he is unable to ply the machine with his right leg. The Tribunal did not consider his loss of earning capacity. The compensation awarded towards the loss of earning was on the lower side. The Appellant remained under treatment even after 11.10.2010; the amount awarded towards the future medical expenses and towards pain and suffering is claimed to be low.

(3.) It is borne out from the record that the Appellant was treated in Aruna Asaf Ali Hospital. He proved on record a Cash Memo Ex.PW-1/2 regarding purchase of Nail-10mm x 34 cm/Tibia Nailing to be affixed in the bone. He did not prove on record any other bill. Aruna Asaf Ali Hospital being run by the Govt. of NCT of Delhi, the treatment of a patient including the medicines whichever are stocked in the hospital are given free of cost. The Appellant has not specifically stated that he had to purchase any medicines from the market because of non-availability of any particular medicine. In the circumstances, an awarded of Rs. 4,200 towards the medical expenses cannot be faulted with.