JOHRI LAL Vs. SUBE SINGH

JUDGEMENT

(1.) BY way of the present appeal the appellant seeks enhancement in the compensation amount over and above the amount of Rs. 92,730/- awarded by the tribunal vide order dated 25. 07. 1998. To deal with the contention raised by the parties it would be appropriate to give brief summary of facts of the present case.

(2.) ON 02. 07. 1992 at about 12:15pm, Shri Johri Lal was going on his rickshaw along with his son to Shstri Nagar. When he reached Jakhira flyover, a truck bearing registration no. HNT 4217 came from the direction of Punjabi Bagh at a high speed and hit the cycle rickshaw. As a result, both Shri Johri Lal and his son fell down and the front right wheel of the truck passed over the right leg of Shri Johri due to which he sustained crush injuries. He was removed to Deen dayal Hospital from where he was referred to Sir Ganga Ram Hospital, where his right leg below knee was ampulated.

(3.) MR. M. L. Mahajan, counsel appearing for the appellant has vehemently contended that the correct income of the appellant was not taken into consideration by the Tribunal as he was earning between Rs. 3000/- to Rs. 4000/-per month from his avocation of a hawker. The counsel also sought to challenge the impugned Award on the ground that the Tribunal has not granted separate amount of compensation for the permanent disability suffered by the appellant. The contention of the counsel for the appellant is that the appellant had suffered 40% of the disability as his right leg was amputated below the knee. Counsel further contends that even the aspect of future increase has not been taken into consideration and even the multiplier applied by the Tribunal is not correct. Counsel for the appellant has placed reliance on the judgment of the supreme Court reported in Shashendra Lahiri vs UNICEF and Ors. 1998 ACJ 859, swatantra Kumar vs Qamar Ali and Ors. 1998 ACJ 920 and of the Division Bench reported in Rattan Lal Mehta vs Rajinder Kapoor and Anr. 1996 ACJ 372.