SILVARAJ Vs. BALWINDER SINGH AND ORS.

JUDGEMENT

(1.) THIS appeal is by the claimant seeking enhancement in the award dated 05.05.2011, passed by the Motor Accident Claims Tribunal, Chandigarh (here -in -after referred to as the Tribunal).

(2.) BEFORE referring to the submissions made on behalf of the appellant, it is apposite to refer to the relevant facts. The claimant was paddling his cycle and was heading towards village Darua on 10.09.2007. The offending vehicle came and struck from behind, leading to injuries and amputation of right arm above the elbow. The claimant was a Beldar with CPWD, Sector 17, Chandigarh and was 50 years old. His income was pleaded at Rs. 10,000/ - per month.

(3.) THE submission on behalf of the appellant was that though there was no loss of income but apart from the disability effecting the earning capacity, a person who is disabled on account of the injury has to forgo some personal comforts even for normal avocation and has to depend on others and the Tribunal should have awarded compensation taking the income he was earning. It was urged that the income taken for calculating the disability was Rs. 3,000/ - per month when there was evidence that as a Beldar, his income has been increased to Rs. 11,000/ - per month. It was urged that the compensation awarded was too meager and needs to be enhanced. It was urged that the loss of earning capacity is distinct head of claim as considered by the Hon'ble Apex Court in Suresh Vs. New India Assurance Co. Ltd., 2012(10) page 516. Reliance was placed upon B.Kothandapani V. Tamil Nadu State Transport Corporation Ltd. : 2011 STPL (Web) 493 SC, Sant Singh V. Sukhdev Singh and others : 2011 STPL (Web) 324 SC, Janki Bai & Ors. V. Sunmala Jalan & Ors. : 2010(5) RCR (Civil) 378, Govind Yadav V. New India Insurance Company Ltd. : 2011 STPL (Web) 936 SC, Sri Kumaresh V. The Divl. Manager National Insurance Co. Ltd. & Anr. : 2011 STPL (Web) 462 SC and Gurmej Singh Vs. Vijay Kumar & Ors., FAO No. 1399 of 2007, decided on 17.12.2010 (P&H).