VED PAL Vs. KULDEEP SINGH

JUDGEMENT

(1.) 1. The appellant is present in Court along with his counsel. The appellant has challenged the award of the Claims Tribunal whereby compensation of rs.4,66,894/- has been awarded to him. The appellant seeks enhancement of the award amount.

(2.) THE accident dated 6th July, 2002 resulted in grievous injuries to the appellant. THE appellant was riding on his motorcycle bearing No.UP-17 9120 when he was hit by bus No.DL-1PB 0229 from behind. THE left thigh of the appellant was crushed under the bus and, therefore, his left thigh was amputated. THE appellant also suffered multiple fractures on right leg and multiple grievous injuries on all parts of the body with abrasions. THE permanent disability of the appellant was assessed to be more than 40% vide permanent disability certificate, Ex.PW1/4. THE Claims Tribunal took the loss of earning capacity to be 40% and awarded Rs.2,54,448/- towards loss of income due to permanent disability. THE Claims Tribunal awarded Rs.43,282/- towards medical expenditure, Rs.10,400/- towards loss of conveyance, Rs.5,000/- towards special diet, Rs.20,000/- towards loss of amenities of life and Rs.10,000/- towards pain and agony, Rs.43,764/- towards loss of earning during period of treatment and Rs.50,000/- for permanent disability. THE total compensation awarded was Rs.4,66,894/-.

(3.) IN exercise of power under Order XLI Rule 27(1)(b) of the Code of Civil Procedure, this Court considers the additional evidence to be necessary to do the complete justice in this matter. The appellant is, therefore permitted to lead additional evidence. This Court also considers it necessary that the appellant be examined by the Board of medical experts to reassess the permanent disability resulting to amputation at hip as well as impotency.