KAILASH Vs. JAYOTI RAM

JUDGEMENT

(1.) THE injured petitioner felt dissatisfied by the award dated 11.3.2004, passed by the learned Motor Accidents Claims Tribunal (II), Solan, in M.A.C. Petition No. 50-S/2 of 2001, thus claimed enhancement.

(2.) THE facts which are not in dispute are that the petitioner was a cleaner in the truck HP 09-0623, owned by respondent No. 1 and respondent No. 2 was its driver. It was insured with respondent No. 3, New India Assurance Co. Ltd. THE truck met with an accident on 23.6.2001 at about 6.30 a.m. on the national highway in the front of M/s. United Rice Mills, under Police Station, Butana, District Kurukshetra (Haryana), resulting in grievous crush injuries on his left leg with other associated injuries. Since there was an apprehension of infection in the entire body, thus, his left leg from the thigh above knee was amputated in I.G.M.C. Shimla w.e.f. 24.6.2001. He remained hospitalised till 21.7.2001. It is alleged that by amputation of his leg, he suffered 85 per cent permanent disability of the lower limb. Medical certificate issued by the doctor to this effect is Exh. PW4/A.

(3.) MR. K.D. Sood, learned counsel for New India Assurance Co. Ltd., frankly and squarely conceded that if there is any error in calculating the award, it be calculated to the reasonable extent, but otherwise the total amount awarded, in terms of interest would fetch the interest equivalent to the future loss incurred by the petitioner, therefore, further enhancement may not be made.