KARUN SABHARWAL Vs. JOGINDER SHARMA AND OTHERS

JUDGEMENT

(1.) This is the claimant's appeal seeking enhancement of the award dated 23.01.2015, passed by the Motor Accident Claims Tribunal, Yamuna Nagar at Jagadhri.

(2.) Karun Sabharwal met with an accident on 18.11.2011. He was 28 yeas old at that time. It was claimed that he was a scrap dealer and his income was Rs. 12,000/- per month. He suffered a disability of 10%. The Tribunal noted that there was a fracture of the neck of the femur and it led to difficulty in walking. The Tribunal had assessed the functional disability at 5% and had awarded a lump sum amount of Rs. 10,000/- for the injury. The expenses made on the treatment, purchase of medicines and the operation charges which was to the extent of Rs. 7,55,828/- was allowed. Apart from this, Rs. 20,000/- was allowed for pain and suffering, Rs. 5,000/- for transportation, special diet and future attendant and Rs. 50,000/- for loss of amenities of life. Award of Rs. 8,41,000/- was allowed after rounding up the amount.

(3.) The counsel for the appellant contends that the income should have been taken to calculate the disability and when the disability was 10%, the calculation should have been made on that. It was urged that the appellant could not take care of his business for six months as he was confined to the bed and the Tribunal has not awarded any amount towards loss of income and separate amount should have been allowed for the special diet, transportation and for physiotherapy.