SHER SINGH Vs. NARESH KUMAR

JUDGEMENT

(1.) The appellant has challenged the award dated 28.9.2004 passed by the learned Tribunal whereby compensation of Rs. 31,000 has been awarded to him. The appellant seeks enhancement of the award amount.

(2.) On 28.2.1999, the appellant and his son were travelling in a rickshaw cycle from Mangolpuri for taking a bus to New Delhi Railway Station when jeep No. DL 8C-B 8918 came from opposite direction and hit the rickshaw resulting in serious injuries to the appellant. The appellant was taken to Sanjay Gandhi Memorial Hospital and thereafter shifted to Military Hospital, Delhi Cantt. He remained hospitalised till 10.6.1999. The appellant was also treated at All India Institute of Medical Sciences. The appellant suffered permanent disability of 25 per cent of left lower limb due to post-traumatic deformity of left lower limb with restricted range of motion of left hip joint.

(3.) The appellant was 43 years of age at the time of the accident and was working as Havaldar in Indian Army, earning Rs. 10,500 per month. The appellant was retired from the Army on 31.3.2001. The appellant claims to have been retired as he became unfit for Army service. The appellant further claims that but for the disability suffered in accident, he would have continued working and would have got promotion to the post of Naib Subedar and then Subedar and so on. The appellant is now drawing a pension of Rs. 2,275 per month. The appellant further claims that he would have got a civil job after retirement but due to disability, he is unable to do any work.