RAJA RAM SINGH Vs. RAJ KUMAR & ORS

JUDGEMENT

(1.) The appellant was the claimant before the motor accident claims tribunal, in accident claim case (Suit No.860/2009), seeking compensation for the injuries sustained and the disability consequently suffered, in a motor vehicular accident that had taken place on 20.10.2006, due to negligence on the part of driver of tempo bearing registration No.DL-1LF-5093, admittedly insured against third party risk for the period in question with the third respondent (insurer). The claimant proved that he, then aged of 48 years, had been rendered permanently disabled on account of amputation of his right leg above knee, the medical opinion in which regard is that the physical impairment is 80% in relation to said lower limb (Ex.PW-1/11). The tribunal took the functional disability as 60% and on such basis, awarded loss of future income, calculating the total compensation in the sum of Rs.4,56,166/- as under:- <FRM>JUDGEMENT_129_LAWS(DLH)12_2017_1.html</FRM>

(2.) The liability to pay was fastened on the insurer with interest @ 7.5% per annum, it (the insurer), however, having been granted recovery rights against the driver-cum-owner of the offending vehicle.

(3.) The appeal at hand is pressed with the grievance that the assessment of functional disability is deficient and that the award is inadequate for the reason that in the name of non-pecuniary damages, the tribunal has granted only Rs.75,000/- for pain and suffering and Rs.50,000/- towards disfigurement, there being no award under the head of loss of amenities of life and the rate of interest levied being low.