SONU Vs. DELHI TRANSPORT CORPN

JUDGEMENT

(1.) BY way of the present appeal, the appellant seeks to challenge the impugned award dated 16th January, 2004, whereby in a case of road accident under which the appellant suffered 30% disability on account of rash and negligent act due to involvement of a DTC bus Bearing No. DEP-8691, has only been awarded a compensation to the tune of Rs. 85,500/- detailed below:- <FRM>JUDGEMENT_2166_ILRDLH17_2008Html1.htm</FRM>

(2.) IT is submitted by learned counsel for the appellant, that the compensation awarded to the appellant is highly inadequate relying upon another judgment of this Court delivered by Kailash Gambhir, J. in MAC App. No. 204/2004 decided on 26th April, 2004 It is submitted, that the amount of compensation needs to be increased substantially.

(3.) IN the case cited by learned counsel for the appellant, in similar circumstances, when the appellant who was also aged about 9 years (in the present case, the appellant was aged about 8 years at the time of accident) and had suffered injuries in his right leg and a steel rod was inserted and his disability was assessed to the extent of 30%, Justice Kailash Gambhir enhanced the award in respect of pain and suffering from Rs. 20,000/- to Rs. 75,000/ -. The total compensation was awarded at Rs. 1,25,660/ -.