ASHWANI SHARMA Vs. UPENDER NAYYAR

JUDGEMENT

(1.) The Appeal is for enhancement of compensation of Rs. 59,276/- awarded in favour of the Appellant by the Motor Accident Claims Tribunal (the Claims Tribunal) for having suffered injuries in a motor vehicle accident which occurred on 26.06.1991. In the absence of any Appeal by the driver, owner or the insurer, the finding on negligence has attained finality.

(2.) Immediately after the accident, the Appellant was removed to Dr. R.M.L. Hospital. He was found to have suffered lacerated wound on the left upper arm, left elbow and on the left hand. After treatment, the Appellant was discharged from the hospital on 29.06.1991. He did not recover from the injury and was admitted in Safdarjang Hospital on 24.08.1991. There was restriction of mobility of his fingers and hypertrophied scar on the dorsum of left hand and a diffuse tender swelling over proximate part of the index finger. The Appellant underwent surgery and was discharged from the hospital after two days on 26.08.1991. He remained an outdoor patient in the Safdarjang Hospital till September, 1991. According to the Appellant, he also remained under treatment of some private doctors. The Appellant claimed that he was working with Overnite Express and was earning a salary of Rs. 4,500/- per month(including perks). The Claims Tribunal was not satisfied with the evidence with regard to the Appellant's income. The Appellant suffered permanent disability to the extent of 10% in relation to his left hand on account of scar over dorsum of hand and malunited fracture of index finger. The Claims Tribunal, as stated earlier, awarded a compensation of Rs. 59,276/-, which is tabulated hereunder:

(3.) The following conditions are raised on behalf of the Appellant: