KULDEEP SHARMA Vs. MANI RAM AND ORS.

JUDGEMENT

(1.) THIS is an appeal brought by the claimant seeking enhancement of compensation. The claim petition brought by the appellant under section 166 of the Motor Vehicles Act, 1988 had been allowed by learned Motor Accidents Claims Tribunal, Yamuna Nagar at Jagadhri (for short 'the Tribunal'), vide award dated 05.01.2012. The appellant sought Rs. 10,00,000/ - as compensation for the injuries he suffered in a road side accident that took place on 24.10.2009. Having met with an accident on 24.10.2009, Kuldeep Sharma, the appellant suffered multiple and grievous injuries. He was taken to Government Medical College, Chandigarh from where he was referred to PGI Chandigarh. He suffered head injury, fracture femur left with fracture head frontal bone, fracture tibia besides other injuries. He was operated upon for the head injury. Implant was used to fix the fractured femur and a fixator was applied to fractured tibia. He remained hospitalized upto 12.01.2010. According to him, a sum of Rs. 1,60,000/ - was spent in his treatment. He has also claimed that he was selling Namkeen/Kurkure and was earning Rs. 6000/ - per month. He has further claimed that he has suffered permanent disability and has lost much financially.

(2.) THE respondents have denied all these averments in their respective written statements.

(3.) LEARNED counsel for the appellant has contended that learned Tribunal has taken the income of the claimant even below the amount earned by an unskilled labourer. According to him, the appellant had suffered 40% disability on account of the accident. According to him, it was multi pronged disability, which rendered the appellant unable to do so many things. According to him, learned Tribunal has assessed the compensation towards loss of future income on account of the disability at Rs. 80,000/ -, which is claimed to be grossly low. He has further submitted that the amount of Rs. 75,422/ - about which bills are there on the record, is taken as such and nothing is added thereto in the name of the amounts that might have been spent without obtaining bills.