JUDGEMENT
R.K.GAUBA, J. -
(1.)The appellant, then aged 34 years, had suffered injuries in a motor vehicular accident that occurred at about 8.45 p.m. on 17.11.2005 at bus
stand of Sikandra Road, Mandi House, New Delhi upon being hit by bus of
Delhi Transport Corporation (DTC) bearing registration No. DL1PB 1714
(the offending vehicle) statedly driven by the first respondent herein, it being
admittedly insured against third party risk by the third respondent herein. He
filed claim petition seeking compensation, inter alia, claiming that he had
suffered disability to the extent more than 70 %, on account of amputation of
the right lower limb below knee. The claim petition was registered by the
motor accident claims tribunal (the tribunal) as suit No. 91/2006 and decided
by judgment dated 3rd December, 2008 awarding compensation in the sum of
Rs. 6,04, 720/ -0 with interest @ 7 % per annum computed as under: -
"compensation on account of pain and suffering 50,000/ -
25,000/ -
Compensation on account of medicines,
Medical treatment
15,000/ -
Compensation on account of conveyance
and special diet
4,14, 720/ -
compensation on account of permanent
disability and loss of income
50,000/ -
compensation on account of physical
disfigurement
50,000/ -
compensation on account of loss of enjoyment
and amenity of life
6,04,720/ -
Total
(2.)The appellant, feeling aggrieved, has come up with the appeal at hand seeking enhancement of the compensation raising four issues: -
(i) Disability has been wrongly treated as restricted to 60 % in relation to the whole body;
(ii) The income has been under -assessed;
(iii) The award under non -pecuniary heads of damages, viz. pain and suffering, physical disfigurement and loss of amenities of life is on the lower side; and
(iv) The interest awarded is inadequate
(3.)While it is true that the appellant in his petition had claimed that he had suffered disability to the extent of 70 -100% in relation to "working
activities", it is also true that he relied on the disability certificate (Ex.PW -
1/3) issued by medical board of Lok Nayak Hospital, Government of NCT of Delhi stating that he has suffered 60 % permanent disability in relation to the
lower right limb which has been amputated below knee. The appellant had
been earning his livelihood as an actor in TV serials or stage performances.
Amputation of the lower right limb below knee would unduly affect his
earning capacity. But, given the nature of the task that he was performing
prior to the accident, having regard to the principles laid down in Rajkumar
vs. Ajay Kumar (2011) 1 SCC 343, it cannot be said that the functional
disability would be to the extent of 70 -100 %. Thus, the tribunal is found to
have taken an appropriate view on this subject and the grievance raised
cannot be upheld.
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