MASTER ANKIT SHARMA Vs. HARISH BATRA & ORS

JUDGEMENT

(1.) Impugned Award of 31st October, 2012 grants compensation of Rs. 13,66,000/- with interest @ 7.5% per annum to respondent/injuredMaster Ankit Sharma aged 12 years, on account of grievous injury suffered by him in a vehicular accident, which took place on 15th August, 2006. 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 father of injured and Dr. Deepak Kumar Jha and as per evidence of this witness, injured had suffered neurological disability of 91.5%. On the strength of evidence recorded, impugned Award has been rendered. The breakup of compensation awarded by Tribunal is as under:-

(3.) Learned counsel for appellant-Injured seeks enhancement in quantum of compensation granted on the ground that Tribunal has assessed the loss of earning capacity on the basis of notional income whereas it ought to have been assessed on minimum wages payable to an unskilled worker. It is submitted that the compensation granted to Injured under the "non-pecuniary heads" is inadequate and it needs to be suitably enhanced. Regarding the rate of interest granted, it is submitted that it ought to be 9% per annum and not 7.5% per annum as granted by the Tribunal. Thus, enhancement of the compensation is sought by learned counsel for Injured.