NAND LAL SAPRA Vs. DTC

JUDGEMENT

(1.) THE present appeal arises out of the award dated 24th April 2003 of the Motor Accident Claims Tribunal whereby the Tribunal awarded a sum of Rs. 1,11,000 along with interest @ 9% per annum to the claimant.

(2.) THE brief conspectus of the facts is as follows:

(3.) LEARNED Counsel for the Appellant, Mr. Bhupesh Narula has challenged the said award of the Learned Tribunal on the ground that the Tribunal erred in awarding a lumpsum amount of Rs 1,11,000/ - without any justification ignoring the guidelines for computing the compensation payable to the claimants as laid down by Apex Court and various High Courts. The counsel urged that the injured appellant was working as a government employee and was drawing a salary of Rs. 2,994/ -, besides he was also earning from home tuitions to the tune of Rs. 3,000/ - per month. The counsel also pleaded that the Learned tribunal should have taken Rs 5,994/ - as the monthly income of the injured and should have granted a future increase on the same by doubling the amount to which a multiplier of 11 should have been applied as per the IInd schedule. Further he contended that the tribunal erred in assessing the permanent disability at 25% whereas, as per the disability certificate granted to the injured appellant, he suffered disability of 50% of whole body. Enhancement in compensation is also sought on additional grounds like loss of future prospects, medical expenses, and loss of earning. Enhancement in Non -pecuniary damages are sought under the heads of mental shock, pain and suffering, loss of amenities of life and loss of expectation of life.