PATTI RAM Vs. KUSHAL PAL SINGH

JUDGEMENT

(1.) THE appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 6,84,062 has been awarded to the appellant. THE appellant seeks enhancement of the award amount.

(2.) THE accident dated 20.2.2005 resulted in grievous injuries to the appellant. THE appellant was sitting on the pillion of two-wheeler scooter bearing No. DEU 6652 when he was hit by a milk tanker bearing No. DL 1-GB 3777. THE appellant fell down from the scooter and both his legs were crushed under the front wheel of milk tanker. Both the legs of the appellant were amputated. Permanent disability of the appellant has been assessed at 85 per cent in relation to left lower limb and 70 per cent in relation to right lower limb.

(3.) THE appellant has suffered permanent disability due to amputation of both legs and, therefore, the loss of earning capacity is total. However, the learned Tribunal has taken the loss of earning capacity to be 85 per cent which is enhanced to 100 per cent. THE condition of the appellant is apparent from the photographs pasted on the disability certificate.