DINESH KUMAR Vs. GURBENDRA KUMAR

JUDGEMENT

(1.) This appeal is for enhancement of the amount of compensation for the injuries sustained by the appellant on his right leg due to the accident caused by the jeep bearing registration No. MRH 152 owned by respondent No. 2, Indian Airlines. The amount which has been awarded to the appellant is Rs. 18,000 only which has been assailed by the appellant on the plea that although the medical evidence indicates that the appellant had sustained severe injuries on his right leg and the bones were broken into pieces as a result of which he is not in a position to sit cross-legged or squat on the floor and his leg has also been amputated, a sum of Rs. 18,000 only has been awarded to him.

(2.) Learned counsel for the appellant has submitted that the appellant has been able to prove that he had spent Rs. 10,000 on his treatment and only Rs. 3,000 has been awarded towards loss of income although he has been able to prove after adducing evidence to the effect that he was running a cloth shop where he used to sit and sell the cloth and hence reasonable inference should have been drawn that he was earning at least Rs. 1,500 per month, yet no amount has been awarded to him towards loss of income or future income. It has also been submitted that in a case of similar nature more than a lakh of rupees has been awarded time and again to anyone who suffers such injury on the vital part of his body.

(3.) Countering the aforesaid submission of the respondent insurance company's advocate Mr. Virendra Agarwal has submitted that Rs. 18,000 was awarded to the appellant in the year 1989 along with interest at the rate of 10 per cent per annum and considering the money value in year 1989, the amount cannot be treated as meagre and should be held as a sufficient amount.