SUBHASH CHANDRA PRASHARI Vs. VED PRAKASH KAPOOR

JUDGEMENT

(1.) THE appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 6,600/ - has been awarded to him. The appellant seeks the enhancement of the award amount.

(2.) THE accident dated 5th August, 1985 resulted in the injuries to the appellant. The appellant was going on his motorcycle from his residence towards Sarojini Nagar Depot and was in a stationary position at the red light of Africa Avenue crossing to take right turn when he was hit from behind by bus bearing No. DEP 6300. The appellant suffered fracture of tibia and fibula bone of his left leg. The appellant was removed to All India Institute of Medical Sciences by the police and thereafter was treated by Dr. S.K. Mukherjee at Mool Chand Hospital. The appellant proved Ex.PW1/A1 to Ex.PW1/A -20 which are the receipts of payment made by him to Mool Chand Hospital. The appellant also proved the medical prescription as Ex.PW1/B1 to Ex.PW1/B -9. The appellant further proved the receipts of payment made to the doctor as Ex.PW1/C1 to Ex.PW1/C -4.

(3.) THE learned Tribunal has awarded non -pecuniary compensation of Rs. 5,000/ - which is not appropriate. Considering the nature of injuries suffered by the appellant, the appellant is awarded Rs. 15,000/ - towards pain and suffering and Rs. 10,000/ - towards loss of amenities of life. The appellant has been awarded Rs. 1,581/ - towards expenditure on treatment. The learned Tribunal has not awarded any compensation towards conveyance and special diet. Considering that the appellant remained in plaster and had to visit the doctor and also for physiotherapy, Rs. 5,000/ - is awarded for conveyance and further Rs. 5,000/ - towards special diet.