ANIL KUMAR Vs. PURAN

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs. 93,900.00 awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the Appellant for having suffered injuries in a motor vehicle accident which occurred on 09.12.2001.

(2.) IN the absence of any Appeal by the driver, owner or the Insurer, the finding on negligence has attained finality.

(3.) IT is urged by the learned counsel for the Appellant that he suffered permanent disability 15% in respect of his right leg on account of restriction of movement in the knee. The Appellant was working as a driver and thus, there was at least 50% loss in earning capacity. The Claims Tribunal erred in granting the loss of earning capacity to the extent of 7.5%.