IMRAN KHAN Vs. MOHAN BHOYAN

JUDGEMENT

(1.) The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs 2,20,300/- has been awarded to the appellant. The appellant seeks enhancement of the award amount.

(2.) The accident dated 2 nd September, 2000 resulted in grievous injuries to the appellant. The appellant was aged 16 years at the time of accident. The appellant was admitted in Lok Nayak Jai Prakash Hospital on 2 nd September, 2000. The appellant was discharged on 6 th September, 2000 and he continued the treatment in the OPD for about four years. The appellant is disabled to the extent of about 40% in respect of the right ankle as per the disability certificate - Ex.PW3/2. The All India Institute of Medical Sciences examined the appellant and issued a certificate, Ex.PW3/1 that the IQ was within the range of 45% to 50% and had moderate mental retardation. PW-4, Professor Manju Mehta appeared in the witness box and deposed that the intelligence of the appellant was assessed and the disability was found to be 45% to 50% and there were no chances of any improvement in the future. She further deposed that the appellant had developed moderate mental retardation after the accident due to the head injury (Ex.PW3/3 & Ex.PW3/J). The appellant claimed to be self employed, earning Rs 4500/- per month in leather purse business. The Claims Tribunal took the annual income of the deceased as Rs 15,000/- per annum and applied the multiplier of 16. The Claims Tribunal took the loss of earning capacity of the appellant to be 50% on the basis of the disability certificate and awarded Rs 1,20,000/- towards loss of earning capacity due to permanent disability. The claim Tribunal awarded Rs 20,300/- towards expenditure on treatment, Rs 10,000/- towards special diet and conveyance, Rs 30,000/- towards non-pecuniary compensation and Rs 40,000/- towards permanent mental retardation. The total compensation awarded by the Claims Tribunal to the appellant is Rs 2,20,300/- along with interest @ 7% per annum.

(3.) The learned counsel for the appellant has made following submissions at the time of hearing of this appeal:- (i) The compensation for loss of pain and suffering be enhanced. (ii) The compensation for loss of amenities of life be enhanced. (iii) The compensation for loss of income due to permanent disability be enhanced. (iv) The rate of interest be enhanced from 7% per annum to 12% per annum.