SAJJAN SINGH Vs. UJJAGAR SINGH AND OTHERS

JUDGEMENT

(1.) THIS is claimant's appeal for enhancement of compensation awarded to him by the Motor Accidents Claims Tribunal, Rupnagar (for short, "the Tribunal") vide award dated 1.10.2010 in a sum of Rs. 3,50,000/ - for the injuries he suffered in a roadside accident that took place on 26.12.2008. Since enhancement alone is claimed in this appeal, the relevant facts can be mentioned as under:

(2.) LEARNED counsel for the appellant has contended that the right leg of the appellant was amputated above the knee joint. According to him, his disability has been assessed at 85%. He has further submitted that as the appellant was a driver by profession, this disability of 85% would amount to 100%. He has further submitted that the amount assessed for loss of future income is on a lower side. According to him, the amount assessed for special diet, attendant and transportation is also on the lower side.

(3.) IT is true that 85% disability of this nature to a driver would amount to complete disability. However, it cannot be said that a driver who had lost his right leg cannot do any other work. It cannot be believed that a person who was driving a vehicle would remain idle throughout his lift on account of this disability.