RUPENDRA SINGH Vs. AJJAPPA

JUDGEMENT

(1.) The appellant through his mother and natural guardian has preferred this appeal under Sec. 173 of the Motor Vehicles Act, 1988[MV Act] assailing the impugned judgment-cum-award dtd. 8/4/2022 passed by the learned Presiding Officer, Motor Accident Claims Tribunal, Patiala House Courts, New Delhi[Tribunal], in MACP No. 443/2016 and is thereby seeking enhancement of compensation on various grounds. FACTUAL BACKGROUND:

(2.) Shorn of unnecessary details, the appellant who was a boy of 4 1/2 years, met with a motor accident on 1/9/2015 involving an Army Truck 2.5 ton bearing registration No. 13C-09289Y[Offending vehicle ] being driven by respondent No.1. Suffice to state that the accident resulted in the appellant sustaining prolonged medical treatment and eventually suffered permanent disability to the extent of 90% that resulted in amputation of the left upper limb. Learned Tribunal inter alia held that the respondent No.1 was driving the offending vehicle belonging to the respondents No. 2 and 3 in a rash and negligent manner that resulted in causing injuries to the appellant, which has not been assailed in the present appeal.

(3.) As pointed out above, the appellant assails the impugned judgment-cum-award insofar as the quantum of compensation is concerned, which is claimed to be on the lower side. Learned Tribunal while deciding the issue No.2 as to the quantum of compensation referred to the proposition of law decided by the Supreme Court as well as this Court and found that no bills were submitted towards medical treatment, apparently since father of the appellant is an Army Man and the same was taken care of. While deciding the actual and future earnings or pecuniary loss, learned Tribunal relied on decision in the case of Mallikarjun v. Divisional Manager National Insurance Company Ltd.[2014 (14) SCC 396] and held that the appellant was entitled to Rs.4,00,000.00 for having suffered permanent disability of more than 60%. It would be apposite to reproduce other heads of compensation/itemization that were drawn by the learned Tribunal, which goes as under:- <IMG>JUDGEMENT_320_LAWS(DLH)3_2024_1.jpg</IMG>