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A-24
% 12.8.2011
Present : Mr.Shaad Anwar, Advocate for the appellant.
Mr.Sameer Nandwani, Advocate for respondent no.l.
+CM No.19718/2010 (for delay) in MAC APPEAL
No.735/2010
*
In view of the averments made in the application the delay of
98 day in filing the appeal is condoned. Application is disposed of.
I) MAC APPEAL No.735/2010
The Award impugned is the Award dated 07.4.2010 vide which the compensation in the sum of ~29,720/- had been granted to the appellant along with interest @ 7.5 % per annum. Petitioner had suffered injuries in a road accident on 02.8.2004; he was a and the offending TSR had hit him in a rash and negligent manner. X- ray report of the appellant show that he had suffered a fracture of his right femur bone of the leg. Contention was that an iron shaft r~) has been inserted to support his broken femur. Apart from the X- ray report and the MLC there was no other document on record.
Admittedly medical bills had not been filed by the appellant. The contention of the appellant is that the amount of ~4000/- awarded under the head of pain and suffering and the amount ~4000/- under the head of conveyance and special diet and the amount awarded under the head of actual estimated medical expenses to the tune of
2011:DHC:15426
~10,000/- was on the lower side keeping in view the fact that the injuries suffered by the appellant were grave and he had also to undergo operation for which an iron shaft had been implanted in his body. X-ray report and the MLC of the appellant had been placed on record which had substantiated this submission. The appellant was working as a tailor and he used to stitch clothes.
The minimum wages on the date of the accident i.e. a sum of
~2680/- had been taken into account for the purpose of computing
.-' his income; also keeping in view the nature of the job of the appellant coupled with the injuries which had been suffered by him, the appellant was given benefit of loss of income of 4 months as the period when he must have remained out of service; multiplier of 4 has accordingly been applied to assess the loss of income computed at Rs.11,720/-. As noted supra there was no medical bill or another document to substantiate this submission; in the absence of the documents the court had granted the
~
_) aforenoted amount. Keeping in view the status of the appellant in no manner can the awarded amount be said to b on lower side.
Award does not call for any interference. Appeal i dismissed.
AUGUST 12, 2011 nandan
INDERMEET KAUR, J.
2011:DHC:15426
% 12.8.2011
Present : Mr.Shaad Anwar, Advocate for the appellant.
Mr.Sameer Nandwani, Advocate for respondent no.l.
+CM No.19718/2010 (for delay) in MAC APPEAL
No.735/2010
*
In view of the averments made in the application the delay of
98 day in filing the appeal is condoned. Application is disposed of.
I) MAC APPEAL No.735/2010
The Award impugned is the Award dated 07.4.2010 vide which the compensation in the sum of ~29,720/- had been granted to the appellant along with interest @ 7.5 % per annum. Petitioner had suffered injuries in a road accident on 02.8.2004; he was a and the offending TSR had hit him in a rash and negligent manner. X- ray report of the appellant show that he had suffered a fracture of his right femur bone of the leg. Contention was that an iron shaft r~) has been inserted to support his broken femur. Apart from the X- ray report and the MLC there was no other document on record.
Admittedly medical bills had not been filed by the appellant. The contention of the appellant is that the amount of ~4000/- awarded under the head of pain and suffering and the amount ~4000/- under the head of conveyance and special diet and the amount awarded under the head of actual estimated medical expenses to the tune of
2011:DHC:15426
~10,000/- was on the lower side keeping in view the fact that the injuries suffered by the appellant were grave and he had also to undergo operation for which an iron shaft had been implanted in his body. X-ray report and the MLC of the appellant had been placed on record which had substantiated this submission. The appellant was working as a tailor and he used to stitch clothes.
The minimum wages on the date of the accident i.e. a sum of
~2680/- had been taken into account for the purpose of computing
.-' his income; also keeping in view the nature of the job of the appellant coupled with the injuries which had been suffered by him, the appellant was given benefit of loss of income of 4 months as the period when he must have remained out of service; multiplier of 4 has accordingly been applied to assess the loss of income computed at Rs.11,720/-. As noted supra there was no medical bill or another document to substantiate this submission; in the absence of the documents the court had granted the
~
_) aforenoted amount. Keeping in view the status of the appellant in no manner can the awarded amount be said to b on lower side.
Award does not call for any interference. Appeal i dismissed.
AUGUST 12, 2011 nandan
INDERMEET KAUR, J.
2011:DHC:15426
JUDGMENT