KALAM @ KALAMUDDIN Vs. DINESH & ORS

JUDGEMENT

(1.) Impugned Award of 7th November, 2012 grants compensation of Rs. 6,12,261/- with interest @ 7.5% per annum to appellant-Kalam (hereinafter referred to as "Injured") aged 35 years and 7 months, on account of grievous injuries suffered by him in a vehicular accident, which took place on 13th August, 2009. 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 Kalam (PW1) and as per the Disability Certificate (Ex. PW2/A) of this witness, Injured had suffered 57% permanent disability in relation to both lower limbs. The breakup of compensation awarded to Injured by the Tribunal is as under:-

(3.) Learned counsel for appellant-Injured submits that quantum of compensation granted by the Tribunal is inadequate and it needs to be suitably enhanced. Learned counsel for appellant-Injured further submits that prior to this accident, Injured was working as a labourer and due to injuries sustained in this vehicular accident, he is not able to work as he is on crutches and therefore, is unable to earn his livelihood. Thus, it is submitted that the functional disability ought to be assessed as 100%. It is further submitted that addition of 40% towards "future prospects" ought to be made. Lastly, it is submitted that the compensation granted under the "non-pecuniary heads" is inadequate and it needs to be appropriately enhanced.