SATPAL Vs. SANJEEV KUMAR @ SANJU AND ORS.

JUDGEMENT

(1.) The present appeal has been filed by the claimant against the award dated 01.06.2011 passed by Motor Accident Claims Tribunal, Yamuna Nagar at Jagadhri (for short 'the Tribunal') for enhancement of compensation awarded by the Tribunal. The facts are not disputed by either of the parties. The relevant facts are that on 28.08.2005, Satpal, aged 53 years, suffered grevious injuries when rash and negligent driving truck bearing registration No. HR 46-A-0385 struck a parked truck bearing registration No. HR 37-A-0276. As a result of the impact, the right upper limb of Satpal was crushed. He had to undergo surgeries and also remained hospitalised. There was follow up treatment for almost more than 5 months. The claimant suffered 80% permanent whole body disability as per Ex. P-1. Dr. Mahavir Goel deposed as PW-3 and gave the details of injuries and the medical treatment. Dr. Sandeep Gupta, a member of the Board constituted to assess the disability was also examined to prove the disability certificate Ex. P-1. The Tribunal assessed the month income as Rs. 4,500/- per month. The Tribunal awarded a total sum of Rs. 3,71,500/-, the detail of which is given below: <FRM>JUDGEMENT_211_LAWS(P&H)10_2017_1.html</FRM>

(2.) I have heard learned counsel for the parties and perused the paper book and the record.

(3.) Learned counsel for the appellant has argued that the amount awarded by the Tribunal under various heads are on the lower side. He further contended that the disability amount granted in lump-sum by the Tribunal should have been assessed by applying the multiplier method. He further argued that future prospects were considered by the Tribunal.