SHYAM KUMAR Vs. HARYANA ROADWAYS

JUDGEMENT

(1.) The disabled claimant, becoming aggrieved, by the award pronounced by the learned Motor Accident Claims Tribunal-II, Solan, District Solan, H.P., upon, Claim Petition No. 9-S/2 of 2015, hence, has, instituted the instant appeal, before, this Court, (i) wherethrough, vis-a-vis, a, 10% disability, reflected in Ex.PW6/A, becoming encumbered, upon, him, in sequel, to, a motor vehicle accident, hence, involving the offending vehicle, bearing No. HR-37D-8066, and, driven at the relevant time, by respondent No.2, rather compensation amount, borne in a sum of Rs.3,92,200/- alongwith interest accrued thereon, at the rate of 8% per annum, and, commencing from, the date of petition till realization thereof, stood, assessed, vis-a-vis, the disabled claimant, (ii) and, the apposite indemnificatory liability thereof, was, fastened, upon, the insurer of the offending vehicle. The break up, of, the, compensation, as, stand assessed, under, both pecuniary, and, non pecuniary heads, and, vis-a-vis, the disabled claimant, is, made in the hereinafter extracted manner:-

(2.) The learned counsel appearing, for, the the disabled claimant has contended, that, the quantification of compensation made, vis-a-vis, the disabled claimant, and, appertaining, to, future loss of income, and, quantified, in, a sum of Rs.1,68,000/-, being grossly minimal, and, warranting interference. His afore made address before this Court, is, centered, upon, the factum (a) that given, the proven disability, entailed, upon, the disabled claimant, and, borne in Ex.PW6/A, rather permanently incapacitating, the, disabled claimant, to, rear any income either from his purported agricultural pursuits or from his avocation, as, a driver. Consequently, he espouses, that, this Court hence assess compensation, vis-a-vis, the disabled claimant, in, commensuration, with, the disability, hence, permanently precluding, the, disabled claimant, to, in future rear any income, from, his afore stated pursuits or avocation, (i) conspicuously, it being a cent percentum functional disability.. However, for, the afore made submission, before this Court by the learned counsel appearing, for, the disabled claimant, to, hold vigour, rather enjoined, upon, PW-6, to, his, while stepping into the witness box, and, whereat, he proves, the, echoings made in Ex.PW6/A, (ii) to, also make echoings, in his testification, vis-a-vis, the disabling injuries, as, entailed, upon, the disabled claimant, and, hence sequeling, the, weakening, of, his hand grip, rather also, throughout, his life impairing his efficacy, vis-a-vis, his skilfully maneuvering the steering wheel, of, the motor vehicle concerned. Contrarily, a reading, of, the deposition, of, PW-6, underscores qua, except, his making echoings, in, proof, of, the afore made reflections, in Ex.PW6/A, his not thereafter either, in his examination-in-chief or in his cross-examination, making any articulation, vis-a-vis, the loosening, of, the hand grip of the disabled claimant, being of a critical or of a accentuated scale, and, its also forbidding, the, disabled claimant, to, efficiently maneuver the steering wheel, of, any motor vehicle. The effect, of, lack of existence, of, the afore echoings, in the deposition of PW-6, constrains this Court, to, conclude that the loosening, of, the hand grip, of, the disabled claimant, rather not adversarially affecting his skill, either to drive any motor vehicle or to efficiently or adeptly hence maneuver, the, steering wheel, of, any motor vehicle. In aftermath, with, no permanent incapacitation, becoming visited, upon, the disabled claimant, to, perform his hitherto avocation, and, thereupon, no enhanced compensation, becomes assessable, vis-a-vis, him qua the per centum, of, disability, echoed in Ex.PW6/A, disability whereof, does not permanently preclude him, to, perform his hitherto pursuits or avocation.

(3.) Be that as it may, compensation assessed, visa-vis, the disabled claimant, and, appertaining to the head "Special diet and attendant charges" became quantified, in, a sum of Rs.10,000/-. However, the afore made quantification, under, the afore head, rather appears to be minimal, given, the, hospitalization, of, the disabled claimant, rather continuously for a period, of, one month, hence, enjoining him to receive special diet, and, also to receive, the, services of, an, attendant, thereupon, compensation, under, the afore head "Special diet and attendant charges", is assessed at Rs.20,000/-, vis-a-vis, the disabled claimant.