RAJ KUMAR Vs. JEET SINGH

JUDGEMENT

(1.) THE appellant met with an accident on 20.10.2008, while riding on his motorcycle and reached at Pashu Chikitsalaya Bhojpura, when a Tata Truck No.HR 38C -2777 being driven in rash and negligent manner and at very high speed hit his motorcycle. He suffered grievous injuries and was initially treated at Guru Tek Bahadur hospital and then referred to Trauma Centre, Delhi. He was admitted in Max Balaji Hospital on 21.10.2008 and was discharged from there on 30.10.2008. He suffered with (i) Crushed Mangled left leg ­ Circumferential loss of skin and crushing of muscles from knee to ankle. (ii) Compound fracture BB right leg (MID 1/3) (iii) Lacerated wounds with skin loss right elbow and forearm (iv) Fracture nasal bone and was operated upon. Post operation he developed necrosis of bone and muscles with derangement of coagulation profile and sepsis hence AK amputation was done.

(2.) THE appellant has filed his compensation claim vide MAC no.602/2010. He suffered permanent disability of 80% in respect of his lower limbs as per the disability certificated issued by GTB hospital. The Tribunal assessed his whole body disability at 40% and calculated the loss of future earning after taking into consideration his age as well three income tax returns of the assessment year 2007 -08, 2008 -09 and 2009 -10 and awarded the compensation as under vide order dated 15.10.2012: <FRM>JUDGEMENT_1156_ILRDLH24_2014.htm</FRM>

(3.) THE respondent had denied that the tribunal has wrongly calculated the income of the appellant.