SUNIL KALRA Vs. RAJ KUMAR YADAV AND ORS.

JUDGEMENT

(1.) VIDE impugned award dated 8th October, 2010, the appellant Sunil Kalra has been awarded a compensation of Rs. 3,68,000/ - for the injuries suffered by him on 21st April, 2007 in the accident caused by the offending vehicle i.e. Tempo bearing registration No. HR -63 -7587. The present appeal has been preferred by the appellant for enhancement of compensation.

(2.) THE case of the appellant is that he was working as Scale -I Officer with Corporation Bank. On 21st April, 2007 while he was returning home from Najafgarh side on his scooter bearing registration No.HR -30/B -2193 he was hit by Tempo bearing registration No. HR -63 -7587 at the crossing of Sector -22/23, Janki Chowk. The accident had taken place due to rash and negligent driving of respondent No. 1, Raj Kumar Yadav, the driver. Respondent No. 2 is the owner of the vehicle whereas respondent No. 3, National Insurance Company Limited is the insurer of the offending vehicle.

(3.) THE grievance of the appellant is that he sustained dangerous injuries on vital parts of the body including head injury and disfigurement of face and upper lip, remained under treatment for a long time and also on leave for eight months but the compensation awarded to the appellant under different heads is on lower side and inadequate. Even the compensation awarded towards Conveyance & Special Diet was on very lower side. The Tribunal also failed to consider the medical certificate issued by Sir Ganga Ram Hospital certifying loss of memory and the necessity to perform another surgery for removal of implants. The aspect of loss of earning capacity and future prospects have also not been considered by the learned Tribunal hence prayer has been made to enhance the compensation.