TUNTUN RAY Vs. NISHU PAL & ORS

JUDGEMENT

(1.) The appellant, then aged 23 years, (born on 02.05.1988) was present with certain other public persons on the footpath of the road near Inter State Bus Terminus (ISBT) at Kashmere Gate, Delhi on 08.05.2011 at about 05:20 hours, awaiting the public transport when bus bearing registration No.DL-1PB-3844 driven in a negligent manner hit against him and other such persons present at the spot. As a result, several persons including the appellant suffered injuries, the injuries inflicted on the body of the appellant having rendered him permanently disabled, since in spite of medical aid and treatment, his right lower limb had to be amputated. He was examined by board of doctors of Hindu Rao Hospital which issued disability certificate (Ex.PW-4/3) stating that he is a case of permanent physical impairment to the extent of 98% in relation to the right lower limb, he being a case of disarticulation of right hip with pelvic fracture, perineal injury and bladder injury besides other injuries, the said condition having been affirmed on oath by Dr. Arun Yadav (PW-8) examined at the inquiry.

(2.) The tribunal, by judgment dated 12.04.2012, which was common to the claim case (Suit No.329/2011) of the appellant and other nine cases, having arisen out of the same accident, held that the accident had occurred due to negligence on the part of the bus driver, awarded compensation in the total sum of Rs.11,42,590/- in favour of the appellant, inter alia, on the finding that the functional disability suffered is to the tune of 50%, the liability to pay having been fastened on the third respondent (insurer) with interest @ 9% per annum.

(3.) The appeal at hand was filed with the grievance that the compensation awarded is inadequate. It was put in the list of 'Regulars' as per order dated 10.03.2016. When it is called out for hearing, on its own turn, there is no appearance on behalf of the appellant. The learned counsel for the insurer has been heard and with his assistance the record perused.