ALAM KHAN Vs. BALDEV SINGH

JUDGEMENT

(1.) THE petitioner has assailed the award dated 22.07.2011 in petition No.621/2010, under Section 166 and 140 of Motor Vehicle Act, 1988, claiming a compensation of Rs.10 lakhs for the injuries suffered by him in the accident which had taken place on 28 th July, 2006.

(2.) ON 28th July, 2006 at about 2.30 a.m. the appellant Alam Khan along with his son Salman Khan was sitting at the bus stand Malviya Nagar waiting for the rain to stop. One Tata Qualis no.DL Q vb 1585 came at a very high speed in a rash and negligent manner violating the traffic rules and norms, without blowing any horn, from Badarpur side and hit the appellant and his son. The appellant had received grievous injuries, multiple injuries and fracture on his legs in this accident. He was taken to AIIMS and thereafter due to RTA shifted to Safdarjang Hospital. His treatement continued till 4th April, 2008. The contention of the appellant is that he was the President of Education and Economic Development Society and was earning Rs.8,000/ - per month. His age at the time of accident was 47 years and till his accident he had enjoyed good health. He lost his job due to this accident and also suffered permanent disability of 69% on both his limbs. He has also alleged that he had suffered great mental pain, agony, shock and trauma and his health has also got deteriorated. He has claimed the compensation of Rs. 10 lacs.

(3.) VIDE order dated 22nd July, 2011, the Tribunal had awarded a compensation of Rs.4,72,400/ - to the appellant which included medical expenses of Rs. 95,000/ -, pain and suffering and enjoyment of life of Rs. 35,000/ -, special diet of Rs. 25,000/ -, attendant of Rs. 15,000/ -, conveyance charges of Rs. 25,000/ -, loss of income of Rs. 20,000/ -, loss of future income of Rs. 2,57,400/ -.