SHUBHAM Vs. AMAR DASS

JUDGEMENT

(1.) Through the instant appeal, cast, before this Court, the disabled claimant, seeks, enhancement of compensation amount, determined, by the learned MACT concerned, upon, MAC Petition No. 98-S/2 of 2012. Under the impugned award, compensation amount, borne in a sum of Rs. 71,100/- along with interest, at, the rate of 6%, stood levied, upon the afore determined compensation amount, and, the afore rate of interest, was, ordered to commence from the date of petition, till realization thereof, along with litigation expenses, borne in a sum of Rs. 10,000/-, and, the apposite indemnificatory liability, stood, jointly and severally, burdened upon, the, owner and, the, driver, of, the offending truck, bearing No. HR-68-7872.

(2.) The learned counsel appearing, for the aggrieved disabled claimant, has, rested his espousal, for, his seeking enhancement of compensation, as, determined, in, the impugned award, upon, (a) the testification rendered by PW-5, and, as, embodied in his affidavit, borne in Ext. PW-5/A, wherein he has made echoings, vis-a-vis, his daily purchasing 10 liters of milk, from, the disabled claimant, and, at the rate of Rs. 25/- per liter, (b) and, also upon his further echoings, carried therein, qua, after the ill-fated occurrence, the disabled claimant, being precluded to engage himself, in, the avocation, of, a milk vendor, (c) therefrom the counsel, for the appellant, contends, that the echoings borne in Ext. PW-5/A meteing corroboration, to, the testification, rendered by the claimant, and, thereafter, he contends that the compensation amount, assessed vis-a-vis, the disabled claimant being, grossly inadequate.

(3.) However, for the reasons to be assigned hereinafter, the afore submission, is unhinged, by the testification, rendered by PW-3, who, proved the disability certificate, borne in Ext. PW-3/A, (i) and, though Ext. PW-3/A, pronounces, vis-a-vis, a, 10% disability, being entailed, upon, the claimant, however, the afore percentum, of, proven disability, as, encumbered, upon, the apt portion of the body of the claimant, cannot, be construed, to, be perennially, hence barring him, to pursue, his, hitherto avocation, of, a milk vendor, (ii) as, in the cross-examination, of, PW-3, he acquiesces qua an affirmative suggestion, qua, the afore percentum, of, disability, not, precluding, the, disabled claimant, to live a normal life, and, also when the afore neither in his examination-in-chief, nor, in his crossexamination, has made any echoings qua subsequent, to, the afore percentum, of, disability, being, entailed upon him, his being barred, to, pursue his hitherto avocation, of, a milk vendor, (iii) thereupon the afore percentum of disability, has no nexus, vis-a-vis, the claimant, after, his being encumbered, with, the afore disability, his being rendered incapacitated, to, operate his hitherto avocation, of, a milk vendor, nor, also any amount, of, compensation, is, assessable qua him, for, any loss of future income, otherwise, as, derivable thereafter, merely, upon the afore percentum of disability, standing encumbered, upon, him.