RAMESHCHANDRA Vs. CITIZEN TRANSPORT COMPANY (PVT) LTD

JUDGEMENT

(1.) IT is an injury case sustained by the claimant, aged 40 years in car accident on 2.2.1999. The injury was in his right leg which got fractured. Due to this injury, he was hospitalized 3 times and underwent operations. It the opinion of doctor, Dr. N.K. Gupta (PW 3), claimant suffered in his leg what is called in medical terminology 'Osteoporosis' in his fibula bone in leg due to which 35% disability of permanent nature resulted in leg. The claimant filed claim petition against owner, driver and Insurance Company of the offending vehicle. He also led evidence. On contest, the Tribunal by impugned award, awarded a total sum of Rs. 70,000/- by way of compensation to the claimant. It is against this award the claimant has filed this appeal seeking enhancement in the compensation awarded by the Tribunal. According to claimant, what is awarded by the Tribunal is on lower side and hence, need to be enhanced. So the question that arises for consideration in this appeal is, whether any case for enhancement is made out in the compensation already awarded by the Tribunal and if so, to what extent?

(2.) HEARD Shri Sanjay Patwa, learned counsel for the appellant and Shri Anil Goyal, learned counsel for respondent No. 3 Insurance Company. Having heard learned counsel for the parties and having perused record of the case, we are inclined to allow the appeal in part and enhance the compensation to some extent as indicated infra thereby modifying an award in favour of claimant (appellant herein). We have gone through the evidence adduced by the claimant. Having gone through the same, we find that looking to the nature of injury mentioned supra and the resultant loss sustained by the claimant who is aged 40 years and is a cultivator by profession, a sum of Rs. 70,000/- appears to be on lower side and hence, need to be enhanced as indicated infra. In our opinion, the claimant is held entitled to claim the compensation under various heads as under :