NEW INDIA ASSURANCE CO LTD Vs. NITIN

JUDGEMENT

(1.) THE present appeal is directed against the impugned award dated 07.05.2012, whereby the learned Tribunal has granted a total compensation of Rs.11,97,879/- in favour of the respondent No.1/claimant.

(2.) BRIEF facts of the case are that on 18.07.2006, the respondent No.1/claimant boarded on the offending bus No. DL-1PB-5472 from Singhu Boarder Bus Stand for reaching the destination, Narela, Delhi. As soon as the said bus reached near the bus stand of Police Colony of Sector-5 at Ramdev Marg (Narela) at about 4.20 p.m., the driver who was driving the bus at a high speed, rashly and negligently; and suddenly applied the brakes. Due to sudden jerk, he fell down from the running bus and the left leg came under the front moving wheel of the bus. He sustained severe injuries in the left leg and other parts of the body. He was taken to Satyawadi Raja Harish Chander Hospital, Narela, from the place of accident and thereafter referred to Lok Nayak Hospital and admitted on 18.07.2006 for further treatment. He remained there till 11.08.2006. Resultantly, the left leg of the respondent/claimant below the knee was amputated and 80% disability has been assessed as per certificate Ex. PW1/3.

(3.) SECONDLY , the learned counsel has argued that the learned Tribunal has granted 50% towards future prospects whereas he was a daily wager; not a permanent employee. Therefore, he is not entitled for any amount on account of future prospects.