Y.L. MALHOTRA Vs. SAHAB ALI KHAN

JUDGEMENT

(1.) THE present appeal has been preferred against the impugned award dated 18.10.2006, whereby learned Tribunal has awarded compensation for an amount of Rs. 1,00,000 with interest @ 6% per annum from the date of filing of the claim petition till realization of the amount. Vide this appeal, the appellant is seeking enhancement of the compensation amount as noted above.

(2.) LEARNED Counsel appearing on behalf of the appellant submits that the appellant received injuries in the accident took place on 4.6.2001 when he was travelling along with his wife and others in a FIAT Car No. DNH -1485 driven by Mr. Vinod Oberoi. They were coming from Rishikesh and were going towards Haridwar. When they reached near Tirana Shampur just opposite Police Check Post, their car was hit by a bus bearing No. UP -15 -D -1784, which was driven rashly and negligently by respondent No. 1.

(3.) SINCE , there was no disability certificate on record, therefore, vide order dated 8.3.2010 passed by this Court, Medical Superintendent of Dr. Ram Manohar Lohia Hospital was directed to constitute a Medical Board to assess the permanent disability of the appellant. Accordingly, vide report dated 4.6.2010, the Disability Board opined as under: