KULWINDER SINGH Vs. SH. PARKASH CHAND

JUDGEMENT

(1.) THE present appeal has been filed for enhancement of the compensation amount of Rs. 1,31,005/ - awarded by the Motor Accident Claims Tribunal, Panchkula (hereinafter referred to as the Tribunal') on account of the injuries suffered by the appellant in an accident that occurred on 27.10.2003. The appellant on 27.10.2003 was travelling on his motorcycle when he was hit by a truck bearing registration No. HRQ -9377. The truck was coming at a very high speed on the wrong side of the road. As a result thereof, the appellant sustained three fractures in his right leg and other injuries on his body. It is borne out from the record that the appellant, firstly, remained admitted in a private clinic for one day i.e., on 27.10.2003 and thereafter, he remained hospitalized from 28.10.2003 till 28.11.2003 in General Hospital, Sector 6, Panchkula. He was readmitted from 18.06.2004 till 28.06.2004. An iron rod had to be inserted in his right leg. The medical board assessed his disability as 55% in relation to the upper and lower limb.

(2.) THE appellant was, admittedly, employed as a Fireman in the Fire Service Station, Sector 5, Panchkula. He was earning a salary of Rs. 5,000/ - per month and was of 33 years of age at the time of accident.

(3.) IT is further urged by learned counsel for the appellant that the appellant is also entitled to loss of earning capacity and enhanced amount in respect to the cost of attendant, special diet, transportation etc. and on account of pain and suffering as well.