PARMINDER SINGH Vs. RADHEY SHYAM

JUDGEMENT

(1.) THE Appellant Parminder Singh seeks enhancement of compensation of Rs. 6,16,251/- awarded to the Appellant for having suffered injuries in a motor accident which occurred on 01.04.2007.

(2.) ON 01.04.2007, the Appellant was proceeding in his car DL-5C- 1386 from Kala Amb towards Sadhoura (Haryana). A tanker No.HR-38-C-7499 being driven by the First Respondent in a rash and negligent manner came from the opposite direction and hit the Appellant's car. ON account of forceful impact, the car overturned and the tanker capsized. The Appellant suffered fracture of right femur, fracture of super condylar right femur and fracture of radius shaft right hand. As per the disability certificate Ex.PW1/1, the Doctor opined the Appellant to have suffered permanent disability to the extent of 50% in relation to his right lower limb.

(3.) THE first four contentions recorded above are liable to rejected. Although the Appellant claims that he should have been awarded loss of income for 24 months, yet he did not produce any evidence that he was confined to bed and was unable to attend to work even for a period of six months. THE Appellant remained admitted in PGI Chandigarh from 01.04.2007 to 03.04.2007. He was then shifted to LNJP Hospital, New Delhi where he remained admitted from 03.04.2007 to 10.05.2007. Considering the nature of injuries suffered and in the absence of any specific evidence as to the Appellant's confinement to his home, the Claims Tribunal was justified in awarding six months loss of income.