HARVINDER SINGH Vs. RAJESH KUMAR SALUJA

JUDGEMENT

(1.) BY way of the present appeal the appellant has sought to challenge the award dated 30. 4. 2007, whereby the Tribunal has awarded compensation of Rs. 1,56,936/- in favour of the appellant. Before dwelling on the merits of the case, it would be relevant to reproduce the facts of the present case.

(2.) ON 18. 2. 2005 at about 1. 40 P. M. the injured appellant was driving a motorcycle and when he reached at DPS School, Main Road Dwarka, and was turning towards the main road, a Tata Sumo bearing registration no. DL6c-A-5881, being driven by its driver in rash and negligent manner hit the motorcycle of the appellant due to which the appellant fell down on the road and sustained serious injuries all over the body including multiple fracture on his left leg.

(3.) MR. S. N. Parashar, counsel for the appellant contends that the tribunal has not awarded any amount towards loss of salary of the appellant during the entire leave period. Counsel for the appellant further contends that the appellant was earning a sum of Rs. 17,999/- per month and he remained on leave for a period of 281 days, therefore, he would have become entitled to amount of Rs. 1. 50 lacs towards the loss of salary. Counsel for the appellant also contends that the appellant remained confined to bed almost for a period of nine months and has suffered lot of pain and sufferings during this period as he had received crush injury in his left leg. Counsel contends that left leg of the appellant was operated whereby steel rod and screws were implanted in his leg. Counsel for the appellant contends that appellant shall have to undergo another operation for removal of the steel rod and therefore, till the rod and screws are removed from left leg, the injured would continue to suffer pain and agony. Counsel thus contends that the Tribunal has awarded a very meager amount of Rs. 5,000/- towards pain and sufferings and loss of amenities. Counsel for the appellant contends that even for conveyance and special diet, compensation of Rs. 10,000/- is not adequate.