TEK RAM Vs. VED PAL

JUDGEMENT

(1.) THE Appellant seeks enhancement of compensation of Rs.1,10,892/- awarded for having suffered facture of right clavicle and compound fracture of tibia in a motor accident which occurred on 15.06.2007.

(2.) IT is urged by the learned counsel for the Appellant that the Appellant remained under treatment for about a year, but no compensation was awarded towards loss of income during that period. The compensation of Rs.10,000/- awarded on account of conveyance and special diet and a sum of Rs.15,000/- towards pain and suffering was inadequate.

(3.) IN his affidavit, the Appellant testified that he could not attend to his work(of electrician) for a period of about one year. He claimed his income to be Rs.4,500/- per month. Although his earnings was disputed, his testimony regarding duration of the treatment and his inability to attend to his work was not challenged in the cross-examination. IN view of the unchallenged testimony, I would award him compensation for loss of income for one year, but would restrict it to the minimum wages of a skilled worker on the date of the accident, which were Rs.3870/- per month. The compensation under this head comes to Rs.3870 X 12= Rs.46,440/-.