AMIT Vs. BALKAR SINGH AND ORS.

JUDGEMENT

(1.) The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs. Rs. 3,80,780/- has been awarded to the appellant. The appellant is seeking enhancement of the award amount.

(2.) On 21st March, 2012 at about 03:25 p.m., the appellant was going on his motorcycle on Bawana Road when he was hit by truck bearing No.HR-69A-0247 coming from the opposite direction which resulted in grievous injuries to appellant. The appellant was admitted in Satyavadi Raja Harish Chandra Hospital, Delhi from where he was shifted to St. Stephens Hospital where he remained admitted upto 03rd April, 2012. He was again hospitalised from 12th April, 2012 to 24th April, 2012. The appellant suffered grade IIIA fracture right shaft of the femur middle ? .. " and fracture left shaft of the femur with inter-condylar extension for which he underwent debridement of thigh bone with lavage on 26th March, 2012 and left distal femur ORIF fusing distal femur plate and multiple screws on 17th April, 2012. The injuries suffered by the appellant resulted in 35% permanent disablement relating to both lower limbs.

(3.) The appellant was aged 20 years at the time of the accident and was running a coaching centre earning Rs. 10,000/- per month. The Claims Tribunal awarded Rs. 3,06,633/- towards loss of earning capacity, Rs. 50,000/- towards pain and sufferings, Rs. 30,000/- towards loss of amenities of life, Rs. 1,73,000/- towards medical expenditure, Rs. 35,000/- towards special diet, conveyance and attendant charges, Rs. 40,000/- towards loss of income. The total compensation was computed as Rs. 6,34,633/-.