RAJ KUMAR Vs. NARESH KUMAR

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs.2,45,930/- awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) in favour of the Appellant for having suffered injuries resulting into the amputation of his right forearm(below elbow) in a motor vehicle accident which occurred on 18.09.1996.

(2.) ACCORDING to the Appellant, on 18.09.1996 at about 3:30 pm the Appellant was carrying his fruits in a tempo No.DL-1LB-5252. The tempo was being driven by the First Respondent at high speed and in a rash and negligent manner. When the tempo reached near Britannia Chowk, the First Respondent lost control over the vehicle which climbed on the pavement and overturned. The Appellant was removed to Hindu Rao Hospital where he remained admitted from 18.09.1996 to 05.10.1996. Amputation of the right hand (below elbow) was carried out. He was discharged on 05.10.1996 with an advice to attend the OPD after seven days. The Appellant remained admitted in Bhagat Hospital from 06.10.1996 to 26.10.1996. He was issued a disability certificate Ex.P-5 whereby he was declared to have suffered permanent disability above 50% because of amputation of his right hand.

(3.) THE following contentions are raised on behalf of the Appellant: THE Appellant was a fruit vendor. He was earning Rs.4,000/-