RAHUL JAIN Vs. BAJAJ ALLIANZ GENERAL

JUDGEMENT

(1.) The brief facts of the case are that on 07.03.2010 at about 2 p.m. the appellant was standing at Rawat Auto Parts, Dilshad Garden for getting his motorcycle repaired. One Wagon R car bearing no.DL-7C-H-3026 which was being driven in a rash and negligent manner at a high speed came from Mrignaini Chowk, Dilshad Colony and hit the appellant. He was removed to the GTB hospital and then referred to AIIMS hospital and from AIIMS he was shifted to RML hospital. He suffered multiple fractures and underwent several surgeries as his uro-genital system was badly damaged and he suffered 100% permanent disability with regard to his urinary tract system. He has also become impotent due to these injuries. Doctor has also opined that the nature of his injuries requires life-long follow up with Anmal Caliberating and Dilatations in the hospital even after his treatment. Doctor has also opined that due to erectile dysfunction on PIPE test tumuscouce moderate Rigidity nil, patient is not capable to intercourse. He needed three piece Penile implant for near normal physical (penile) rehabilitation and intercourse and the disability for organ system for erectile system was 100%. The petitioner at the relevant time was a young boy of 32 years, married and having one child and it is apparent that due to this disability he is incapable of having another child. He was working as Sales Development Manager in HDFC and drawing a salary of Rs. 19,135/- per month. As per the disability certificate his disability was assessed as 32 % locomotor disability.

(2.) Based on these facts, the learned Tribunal has awarded the compensation to the appellant under the heading of "Pain and Suffering" a sum of Rs.1 lakh, "Loss of amenities"- Rs.50,000/- and "Shortening of life span" - 25,000/-.

(3.) The appellant has challenged the said order on various grounds. However, during the arguments he has confined his argument alleging that learned Tribunal ought to have added loss of future prospect while calculating loss of future income.