VISHNU DUTT MITTAL Vs. MAHESH

JUDGEMENT

(1.) The appellant has preferred the present appeal under Sec. 173 of the Motor Vehicles Act, 1988 MV Act, assailing the quantum of compensation awarded by the learned Presiding Officer, Motor Accident Claims Tribunal (South-01), Saket Courts, New Delhi Tribunal vide judgment dtd. 19/12/2012 in claim petition No. 304/10 Claim petition, agitating that it is not a fair and just compensation and is on a lower side as the learned Tribunal has overlooked the relevant parameters.

(2.) Having heard the learned counsel for the rival parties and on perusal of the record, I find that there is no challenge to the factum of the accident that occurred on 3/7/2010 involving the offending vehicle i.e., LPG Tanker bearing registration No. HR-66-0242 being driven by respondent No.1, that resulted in the appellant sustaining permanent disability in terms of the disability certificate to the extent of 88% in his lower limb, which is non-progressive but, at the same time, not likely to improve.

(3.) Regarding the issue in Petition No. 304/2010, evidently, the appellant was 48 years of age and it was the case of the appellant that he was working as a caterer. Although no proof of his employment was given, the learned Tribunal reckoned the minimum wages for an unskilled workman which were prevalent at the time of accident and fixed by the Government of National Capital Territory of Delhi ["GNCTD"] to be @ Rs.5278.00. The loss of earning capacity was reckoned @ 60% and applying the multiplier of 13, the loss of earning capacity was assessed @ Rs.4,94,026.00 by the learned Tribunal.