VIDYA DHAR SHARMA Vs. BADRI PRASAD
LAWS(DLH)-2012-12-17
HIGH COURT OF DELHI
Decided on December 03,2012

Vidya Dhar Sharma Appellant
VERSUS
BADRI PRASAD Respondents

JUDGEMENT

G.P.MITTAL, J. - (1.) THE Appeal is for enhancement of compensation of Rs.11,99,860/- awarded in favour of the Appellant by the Motor Accident Claims Tribunal(the Claims Tribunal) for having suffered injuries in a motor vehicle accident which occurred on 17.08.2010 resulting in the amputation of his right hand above elbow. The Appellant suffered 80% permanent disability in respect of his right upper limb as per the disability certificate Ex.PW 1/2 issued by the Medical Board of Hindu Rao Hospital.
(2.) IN the absence of any Appeal by the driver, owner or the Insurance Company, the finding on negligence has attained finality. The following contentions are raised on behalf of the Appellant: (i) The Appellant was a self employed person and used to deal in supply of yarn. His earning capacity was substantially affected as was evident from the Income Tax Returns filed for the Assessment year next to the date of the accident. The Claims Tribunal erred in granting just 20% loss of earning capacity. (ii) No compensation was awarded towards purchase of artificial limb or its maintenance.
(3.) ON the other hand, the learned counsel for the Respondent Insurance Company urges that the compensation awarded is just and reasonable.;


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