DEEPAK KUMAR Vs. JAGJIT SINGH

JUDGEMENT

(1.) The injured-claimant has preferred the present appeal seeking enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Hoshiarpur, vide award dtd. 7/2/2003.

(2.) It is not in dispute that on 30/1/2002 the appellant, then aged about 20 years, sustained mulple grievous injuries in a motor vehicular accident caused due to rash and negligent driving of car No. PB-08A-7554. He was inially taken to Civil Hospital, Hoshiarpur and thereaer shied to DMC & Hospital, Ludhiana, where he remained admied for a considerable period . The claim peon under Secon 166 of the Motor Vehicles Act, 1988 was filed against the driver-cum- owner and insurer of the o?ending vehicle. The learned Tribunal, having held the driver negligent, awarded compensaon of Rs.2,50,000.00 - along with interest.

(3.) The grievance of the appellant is confined to quantum. It is contended that the appellant has su?ered permanent disability to the extent of 60% as per the disability cerficate proved by AW-1 Dr. Tek Raj, Medical Specialist, Civil Hospital, Hoshiarpur. However, considering the nature of injuries i.e., head injury with sequel le-sided hemiplegia with aphasi a and malunited fracture of le humerus, the funconal disability is virtually 100%. It is further submied that the appellant requires a lifelong aendant and has not been adequately compensated under the heads of loss of future earnings, aendant charges, loss of amenies and marriage prospects.