DHANANJAY Vs. ROYAL SUNDARAM ALLIANCE INSURANCE CO

JUDGEMENT

(1.) THE Appellant seeks enhancement of compensation of Rs. 1,01,800/- granted by the Claims Tribunal under various heads which can be tabulated hereunder:- 1. Compensation towards pain and suffering Rs. 45,000/- 2.Loss of earning due to injury (for 2 months @ 7000/- per month) Rs. 14,000/- 3. Expenses towards medical bills Rs. 17,800/- 4. Reasonable medical expenses without bills Rs. 10,000/- 5. Compensation towards conveyance and special diet (without bills) Rs. 15,000/- Total Rs. 1,01,800/-

(2.) BY the impugned judgment dated 07.12.2010, the Claims Tribunal found that the Appellant suffered injuries in an accident which was caused on account of rash and negligent driving of Tata Sumo bearing No.DL-IVB-2992 by the first Respondent. The Appellant suffered fracture of left ankle medial malleolus. He remained admitted in Ram Lal Kundan Lal Orthopaedic Hospital & R.K. Maternity Home w.e.f. 29.10.2008 to 06.11.2008. He underwent surgery where the internal fixation was done.

(3.) NO averment was made by the Appellant nor any evidence was led to show that he suffered any permanent disability. There was not even a whisper that he suffered any disability resulting into any loss of earning capacity. Rather, the contention raised on behalf of the Appellant is contrary to the record.