RAMOD KUMAR THAKUR Vs. SHAMSHAD & ANR

JUDGEMENT

(1.) Impugned Award of 9 th August, 2017 grants compensation of Rs. 7,23,300/- with interest @ 9% p.a. to appellant-Injured, aged 44 years, on account of grievous injury suffered by him in a vehicular accident, which took place on 19th June, 2013 . The facts, as noticed in the impugned Award, are as under:-

(2.) To render the impugned Award, learned Motor Accident Claims Tribunal (hereinafter referred to as "the Tribunal") has relied upon evidence of Injured (PW-1) and as per Disability Certificate of 10th February, 2017 (Annexure P-2), Injured had suffered 17% permanent disability in relation to left lower limb. The breakup of compensation awarded by the Tribunal is as under:-

(3.) Learned counsel for appellant-Injured assails impugned Award on the ground that the quantum of compensation awarded is inadequate. It is submitted by counsel for appellant-Injured that the Tribunal has erred in assessing the "functional disability" of the Injured as 9% and it should have been assessed at 25% because the nature of job of Injured required him to stand for a long period, which he is unable to do now, due to the disability suffered by him. Counsel for appellant-Injured relies upon Supreme Court's decision in V.Mekala Vs. M. Malathi & Anr, 2014 11 SCC 178 to seek addition of 40% towards "future prospects". Counsel for Injured next submits that compensation granted by the Tribunal under the head of "pain and sufferings and enjoyment of life" is inadequate and it needs to be suitably enhanced. Thus, enhancement of compensation is sought by counsel for appellant-Injured.