VIJAY GUPTA Vs. KRISHAN BABBAR & ANR

JUDGEMENT

(1.) The parties have challenged the award of the Claims Tribunal whereby compensation of Rs.29,70,377/- along with interest @ 9% per annum has been awarded to Rajeev Kumar.

(2.) On 31st October, 2012 at about 11.30 PM, Rajeev Kumar was going on his motor cycle bearing no. DL-8S-NE-0448 when he was hit by a truck bearing no.HR-63B-5257 at Rajeev Nagar, Delhi which resulted in grievous injuries on his head, right hand, shoulder, right leg whereupon he was initially taken to Sanjay Gandhi Memorial Hospital, Delhi and thereafter referred to Safdarjung Hospital, Delhi and was later shifted to Jaipur Golden Hospital, Delhi. The claimant suffered Hemi Paresis i.e. one side half paralysis in relation to his left leg as per the disability certificate.

(3.) The Claims Tribunal awarded Rs.13,92,768/- towards loss of earning capacity by taking Rs.7,254/- as minimum wages for unskilled worker and applying the multiplier of 16. The Claims Tribunal awarded Rs.2 lakh towards pain and suffering; Rs.2 lakh towards loss of amenities of life; Rs.50,000/- towards special diet and conveyance; Rs.60,000/- towards attendant charges; Rs.9,80,561/- towards medical expenses and Rs.87,048/- towards loss of income. The total compensation awarded is Rs.29,70,377/-