CHANDAN SINGH Vs. D.T.C. AND ANR.

JUDGEMENT

(1.) THE present appeal arises out of the award of compensation passed by the Learned Motor Accident Claim Tribunal on 23.08.97 for enhancement of compensation. The Learned Tribunal awarded a total amount of Rs. 77,000/ - with an interest @ 12% PA for the injuries caused to the claimant appellant in the motor accident.

(2.) ON 6.12.86 at about 9.30 a.m when the appellant was going on his bicycle on Vikas Marg vehicle bearing registration No. DHP 2911 being driven by Respondent No. 2 hit the bicycle from behind as a result of which the appellant sustained injuries. The accident took place because of the rash and negligent driving of respondent No. 2.

(3.) SH . O.P. Goyal Counsel for the appellant claimant urged that the award passed by the Learned Tribunal is inadequate and insufficient looking at the circumstances of the case and submitted that the tribunal erred in assessing the income of the claimant appellant at Rs. 400/ - PM and stated that the same should have been Rs. 750/ -as per minimum wages Act. Based on this, it is further contended that the loss of income should also be enhanced, accordingly. It is further submitted that Tribunal ought to have awarded atleast 60% loss of wages to the appellant. The Counsel also expressed his discontent on the amount of compensation granted towards medical expenses. He claimed an amount of Rs. 5000 to Rs. 6000/ - towards the medical treatment and expenses. The claimant appellant did not produce medical bills to claim the stated amount, but he contended that looking at the facts and circumstance of the case and the fact that the claimant was treated for multiple injuries and compound fracture in his right leg which was subsequently amputated below knee, the Learned Tribunal should have considered awarding that amount. He claimed Rs. 6,75,800/ - towards loss of permanent earning capacity. It is further submitted that the Tribunal ought to have awarded cost of limb and cost of replacement of artificial limb. The Tribunal awarded a sum of Rs. 15,000/ - towards mental pain & suffering but the Counsel shows his discontent to that as well and averred that it should have been Rs. 1,00,000/ -. For permanent disablement also he sought a sum of Rs. 2,00,000/ -.