RAJ KUMAR Vs. SURAJ MAL

JUDGEMENT

(1.) This appeal has been filed by the Appellant to modify the compensation awarded vide the judgment dtd. 2/2/2013 (hereinafter referred to as the "Impugned Award"), by the MACT in Suit No. 239/11 titled as Sh. Raj Kumar @ Raju v. Sh. Suraj Mal & Ors. whereby the Appellant was awarded an amount of Rs.56,94,592.00 (Rupees Fifty-Six Lakhs Ninety-Four Thousand Five Hundred and Ninety-Two only) as compensation with interest @7.5% per annum, from the date of filing the petition, i.e. 11/3/2011, till notice under Order XXI Rule 1 CPC is given by Respondent No.3/Insurance Company in favor of the Appellant and against the respondents on account of their liability being joint and several.

(2.) The facts germane to the present appeal as noted by the learned Claims Tribunal are as follows:

(3.) It is the case of the Appellant that he was admitted to Jeewan Hospital and later on to other hospitals in New Delhi, where necessary treatment was given to him for about seven months i.e., 9/1/2011 to 1/8/2011. It is further his case that he is still undergoing treatment and the doctors have declared that he has suffered 100% permanent disability. It is pertinent to mention that on account of the accident, and as per the disability certificate (Ex. PW2/1) issued by DDU Hospital, the Appellant has suffered Post Traumatic Fracture D-11-12 Paraplegia Bladder & Bowel inrovement permanent disability of 100% in relation to both lower limbs.