MAHESH GROVER,J - (1.) THIS is an appeal filed by the claimant for enhancement of the compensation awarded by the Motor Accident Claims Tribunal vide its award dated 11.2.1987. The accident is said to have been taken place on 13.11.1984 at about 11.00 p.m. between bus bearing No. USD-6391 and truck No. PBN-7807. The appellant who was a passenger in the bus received serious injuries as a result of which he was admitted to the hospital for about 1-1/2 months and his left leg had to be operated upon. A rod had to be inserted in the fractured leg and he had to be hospitalized again for another period of two months. As a result of this injury his left leg had shortened to the extent of one inch. At the time of accident the appellant was 27 years of age and was working as an Electrician with M/s Butani Electric Store on a monthly salary of Rs. 400/- per month. He had claimed a compensation of Rs. 1 lakh.
(2.) THE Tribunal came to the conclusion that the bus driver was negligent, as the bus had rammed into the stationary truck. There is no challenge to the issue of negligence and, therefore, the only question that is to be determined is as to whether the compensation awarded was adequate or not. It has come in evidence that the appellant has fractured his leg as a result of which he was hospitalized for a period of about two months and that he had spent Rs. 13,000/- to 14,000/- as expenses on his treatment. The medical evidence on record shows that the appellant has suffered multiple injuries and fracture of the shaft of femur and that a rod had to be inserted as a result of which there has been stiffness in the knee joint and his leg has been shortened. The permanent disability suffered by him is to the extent of 35%. The Tribunal while assessing the compensation had disallowed the claim made by the appellant on account of medical expenses and had merely awarded Rs. 5,000/- on account of treatment, A perusal of the award shows that the mode adopted by the Tribunal is erroneous. The Tribunal has ignored the fact that the appellant had remained in the hospital for a period of two months which had resulted in loss of income to him. Apart from that, the medical expenses awarded to him are also inadequate. Since there is no evidence on there record to show as to how much expenses were incurred, an amount of Rs. 10,000/- on account of loss of income and expenses for special diet etc. would be adequate. The appellant was an Electrician by profession and, therefore, his vocation required active and agile movement. An electrician is required to move around with agility, as he may be required on construction sites also. Shortening of leg by one inch and disability to the tune of 35% is likely to impair his capability to earn. He was a young man of 27 years at the time of accident. Reliance was placed on judgment of this Court reported as 1993 A.C.J. 1208, Aman Dahiya v. Surender Jain.
(3.) THE appellant in this case would also suffer, as his capability to earn has been impaired.;