RAMESH CHAND Vs. BHARPOOR SINGH AND OTHERS

JUDGEMENT

(1.) This is an appeal for enhancement of compensation awarded to the appellant on account of an accident involving vehicle No. HR-47-2390 (offending vehicle) and the scooter No. DL-8SA-3457, which was being driven by the appellant.

(2.) Briefly, the facts, as pleaded by the appellant, are that on 19.09.1998, the appellant was coming to his house on his scooter. At about 11.50 am, when he reached Siraspur Chowk on GT Road in the area of Police Station Samalpur Badli, the offending vehicle, which was being driven by respondent No. 1 in a rash and negligent manner and at a high speed, hit the scooter of the appellant with the right side of the truck. The appellant sustained multiple injuries, due to which he lost his right eye and suffered a fracture of his right leg.

(3.) The Learned Tribunal on the basis of evidence concluded that the accident had taken place due to negligent driving of the offending vehicle by respondent No. 1. In support of his claim for compensation, the appellant examined Dr. S.S.Buggal (PW1), who stated that the appellant was examined by the Medical Board at Civil Hospital, Sonepat and he had 100% disability on account of shortening of his right leg by 1.5 centimetre. The appellant appearing as PW2 stated that he was serving in the Delhi Fire Services and remained on leave due to the accident w.e.f. 29.09.1998 to 05.10.1999 (as per certificate Ex. P3). He also proved his salary certificate Ex. P4, which showed that he was earning Rs. 10,153/- per month. He also produced medical bills regarding his treatment (Ex. PA). He further argued that on account of the injuries sustained by him, his chances of promotion had been adversely affected, thereby, leading to substantial loss in his future earnings.