ASHOK AGGARWAL Vs. SUSHIL KUMAR AND ORS.

JUDGEMENT

(1.) These two appeals arise out of judgment dated 01.12.2006 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.4,98,148/- was awarded in favour of Ashok Aggarwal (Appellant in MAC. APP. 371/2007) and Delhi Transport Corporation(DTC) (Appellant in MAC.APP.233/2007) was made liable to pay the compensation along with interest @ 9% per annum from the date of filing of the claim petition.

(2.) MAC.APP.233/2007 is filed by the DTC on the ground that it is not liable to pay the compensation and, in the alternative, that the compensation awarded is exorbitant and excessive. MAC.APP.371/2007 is for enhancement of compensation on the ground that the compensation has not been computed in accordance with the law. It is the case of the Claimant that left arm of the Appellant has become non-functional and is of no use. The Claims Tribunal ought to have assumed the loss of earning capacity to be 90%. The award of compensation towards general damages is also stated to be on the lower side.

(3.) For the sake of convenience, the Appellant Ashok Aggarwal in MAC.APP.233/2007 shall be referred to as Claimant and the Appellant in the Cross-Appeal MAC.APP.371/2007 shall be referred to as DTC. It may be mentioned that Respondents Sushil Kumar and Narender Singh, driver and owner of the bus involved in the accident, had not contested the proceedings. They preferred to be proceeded ex parte. They even did not contest the proceedings before the Claims Tribunal.