JASPAL SINGH AHULA Vs. MANOJ KUMAR

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of RS.95,500/ - awarded to the Appellant for having suffered injuries in a motor accident which occurred on 11.12.1996 while the Appellant was proceeding to his office on his two wheeler No.CHP -3451.

(2.) THE Appellant suffered multiple fractures on his forehead and injury on his right eye. He remained admitted in Sir Ganga Ram Hospital form 11.12.1996 to 20.12.1996. THE Appellant approached Sankara Nethralaya, Madras and on 20.12.1996 Dr. S.S. Badrinath opined that there was no possibility of recovery of the vision in Appellant's left eye. A Disability Certificate dated 04.08.1997 was issued by Dr. Ram Manohar Lohia Hospital (Ex.PW -1/5) stating that the Appellant had suffered permanent disability of vision to the extent of 30% because of loss of vision in the left eye. As per the Disability Certificate Ex.PW -1/5, the Appellant was on artificial eye (L). THE Appellant was a qualified Engineer at the time of the accident. He was working as a Chief Manager in Electronics Trade and Technology Development Corporation Limited and was getting a salary of RS.10,040/ - (Salary Certificate Ex.PW - 1/6). Since the Appellant was employed in a Corporation owned by the Govt. of India, he was reimbursed the amount spent on the treatment. THEre was an award of compensation of RS.95,500/ - by the Claims Tribunal which is tabulated hereunder: -

(3.) SECTION 168 of the Act envisages grant of just and fair compensation. In the case of General Manager, Kerala State Road Transport Corporation, Trivandrum v. Susamma Thomas (Mrs.) and Ors. (1994) 2 SCC 176, it was held as under: -