KRISHAN KUMAR Vs. MAN MOHD AND ORS

JUDGEMENT

(1.) The present appeal is filed seeking enhancement of compensation granted as per the Award dated 16.3.2012. The brief facts are that on 13.2.2007 the appellant alongwith Kumari Mausam was going to Ghaziabad on Motorcycle. When they reached Govindpuri Police Chowki a truck came from behind and hit the motorcycle. The appellant fell down and was grievously injured in the accident.

(2.) Based on the evidence on record the Tribunal granted the following compensation:-

(3.) Learned counsel appearing for the appellant has made five submissions seeking enhancement of the compensation awarded by the Tribunal. He firstly submits that the Tribunal has awarded only Rs.20,000/- for pain and sufferings which is on the lower side. He points out that the appellant had suffered 85% disability in respect of his right lower limb and amputation and hence Rs.20,000/- as awarded for pain and suffering is on the lower side. He secondly submits that the Tribunal has granted only Rs.10,000/- for conveyance and special diet whereas on account of amputation of his one lower limb the appellant would have to expend large amount on conveyance. It is thirdly submitted that while assessing the loss of future income the Tribunal has accepted the income of the appellant based on the Income Tax Return filed by the appellant who was working as a motor mechanic and as per the Income Tax Returns was earning Rs.99,293/- per annum. However, it is urged that the Tribunal ignored that the appellant on the date of the accident was 27 years of age and would be entitled to future prospects of 50% for the purpose of assessment of loss of future earnings. It is further urged that though as per evidence on record the appellant needed a sum of Rs.6 lacs for an artificial limb, the Tribunal has wrongly without any basis not accepted the evidence on record and only granted Rs.2 lacs on account of artificial limb including for his future maintenance. He lastly submits that no amount has been given on account of loss of marriage prospects and loss of expectancy of life.