KALI CHARAN Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) BY way of the present appeal, the appellant seeks to challenge the impugned award dated 17. 4. 99, by which a sum of Rs. 1,36,579/- has been awarded by the tribunal in favour of the appellant.

(2.) BRIEF summary of the facts of this case are as under:-On 30. 8. 90 the appellant was going on motor cycle bearing registration no. DNI-8715 alongwith his friend towards Loni and when they reached at Gokalpur red light they were hit from behind by a truck bearing registration no. DEL-4721, being driven by the driver of the vehicle in rash and negligent manner. As a result, the appellant sustained serious injuries in his leg. The appellant was removed to GTB Hospital, Shahdara, where the portion of the leg below knee was amputated.

(3.) MR. M. L. Kesturi, counsel for the appellant contends that the appellant was an agriculturist and was earning a sum of Rs. 4,000/- to 5,000/-per month. Counsel further contends that the tribunal has not taken into account the future prospects of the appellant. Counsel also contends that the appellant has suffered disability to an extent of 70% as his right leg was ampulated upto the knee and due to the said disability, the appellant was rendered jobless and he could not carry on his vocation as an agriculturist but the tribunal has not granted any amount of compensation towards the permanent disability as well as towards loss of amenities.