HARBHAGWAT SINGH DHILLON Vs. HARYANA ROADWAYS

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment of the learned single Judge in a motor accident case, whereby a sum of Rs. 3,19,460 plus 12 per cent interest per annum from the date of filing of the claim petition has been allowed, vide judgment dated 6.4.1993. As only the claimant has filed an appeal, the only issue that arises is with regard to the quantum of compensation. The claimant Harbhagwant Singh Dhillon was a Joint Director (General) in C.R.P.F. Directorate, R.K. Puram, New Delhi. In the accident in question, his right arm suffered amputation. He filed a claim application claiming Rs. 7,00,000 as compensation. The learned Tribunal assessed the total compensation at Rs. 2,18,460. This figure has been enhanced by the learned single Judge vide the impugned judgment. The learned single Judge, inter alia, observed that as the claimant was drawing a salary of Rs. 2,579 per month, the loss of income was to be assessed at Rs. 1,500 per month for 16 years, moving the total figure to Rs. 2,88,000.

(2.) We have heard Mr. Maharaj Bakhsh Singh, learned counsel for the appellant- claimant. We find that as the claimant himself is the appellant before us, the question of reduction in the amount of the salary from Rs. 2,579 per month to Rs. 1,500 was clearly unjustified. We are, therefore, of the opinion that the entire amount of salary was to be taken into consideration while determining the loss of the income, more particularly when the learned single Judge had not thought it fit to award any further amount towards appellant's retiral benefits as he was only 39 years of age at the time of the accident.

(3.) We accordingly compute the loss of income as under: Rs. 2,500 x 12 x 16 = Rs. 4,80,000.