- (1.) RAJEEV Gupta, C. J. Mr. Manish Dalakoti, Advocate for the appellant. Mr. N. S. Pundir, Advocate for the respondent. They are heard.
(2.) THIS is claimant's appeal for enhancement of the compensation awarded by Motor Accident Claims Tri bunal / Addl. District Judge (Second Fast Track), Nainital vide Award dated 10-02-2006 passed in Motor Accident Claim Case No. 15 of 2005. Claimant Pradeep Negi by filing claim petition under Section 166 of the Motor Vehicles Act claimed compensa tion of Rs. 54,00,000/- (Rupees Fifty Four Lakhs only) for the injuries suf fered by him in the motor accident on 16-11-2004 when the Bus bearing reg istration No. UP 07 H 5484 dashed him resulting in multiple injuries including crush injuries in his left leg. In spite of several operations, claimant's left leg was amputated. The claimant pleaded that he was student of MBA and after completing his education, he would have secured a reasonable job for him self with a handsome salary of at least Rs. 20,000/- per month. The claimant pleaded that on account of amputation of his left leg, he has become disabled for rest of his life and the same has ad versely affected all his future prospects. Respondent Uttaranchal Road Transport Corporation contested the claim denying the manner of the acci dent alleged in the claim petition.
(3.) THE Tribunal, on the evidence led by the parties, found that claimant Pradeep Negi suffered multiple injuries in the accident which took place on 16-11-2004; that the injuries suffered by the claimant in the accident led to amputa tion of his left leg; that the accident oc curred due to rash and negligent driving of the driver of the offending vehicle Bus bearing registration No. UP 07 H 5484; and that respondent Uttaranchal Road Transport Corporation being the owner of the offending vehicle Bus was liable to pay compensation to the claimant. Tak ing the notional income of Rs. 15,000/-as the income of the claimant, the Tribu nal assessed the Loss of Earning Capac ity on account of the amputation of the left leg at Rs. 2,55,000/ -. Accepting the bills and vouchers submitted by the claimant in regard to the amount spent on treatment, the Tribunal awarded a sum of Rs. 7,00,000/- towards Medical Expenses. In addition, Rs. 50,000/- was awarded towards Physical Pain and Men tal Agony; Rs. 15,000/- towards Trans portation from Dehradun to Delhi; Rs. 25,000/- for the Loss of One Year of Studies during the period the claimant remained admitted in the hospital; and Rs. 50,000/- towards Future Medical Ex penses. Thus, a total sum of Rs. 10,95,000/- (Rupees Ten Lakhs and Ninety Five Thousand only) was awarded as compensation to the claim ant. Interest also was awarded at the rate of 7% per annum from the date of the application. Mr. Manish Dalakoti, the learned counsel for the appellant vehemently argued that the Tribunal has erred in awarding low compensation of Rs. 10,95,000/- only though the appellant, on account of the amputation of his left leg, has become disabled for the rest of his life.;