KRISHAN KUMAR Vs. MOHD YAHUDIN

JUDGEMENT

(1.) The present appeal arises out of the award of compensation in an injury case passed by the learned Motor Accident Claim Tribunal on 26th November 1993. In the said award the learned Tribunal has awarded a compensation for injury amounting to Rs. 95,625/-

(2.) The counsel for the appellant Mr. Y.R. Sharma assailed the said award of learned Tribunal on various grounds. Firstly, he contended that the Tribunal erred in awarding a meager amount of Rs. 25,000/- for 20% permanent disability. Secondly, he stated that Tribunal erred in not awarding any compensation on account of future prospects and future employment chances. Thirdly, he urged that the leaned Tribunal has erred by awarding a lower rate of interest and the same should have been 21%.

(3.) On the contention of compensation for the permanent disability the counsel has pleaded that the amount of Rs. 20,000 awarded towards the compensation for the permanent disability of 20% is arbitrary, unjust and inadequate. He sought help of multiplier method and the income of the injured to be assessed according to the minimum wages applicable in Delhi applicable to graduates at that time. Second contention of the counsel is that the Tribunal failed to assess the future prospects of the petitioner appellant, as he was a young lad, having completed his graduation from Delhi University and was doing a specialization course in Fitters Trade. He had a bright future ahead of him and the same was compromised due to the accident, argued the counsel. On the ground of loss of income during treatment, he has stated that the same should have been assessed for five years as the petitioner appellant had to receive treatment for the said period to fully recover from the serious accident whereby he was operated thrice. The award is sought to be enhanced further on the ground of medical expenses.