The main legal point established in the judgment is the assessment of compensation for permanent disability and its impact on the appellant's earning capacity, in accordance with the Motor Vehicles Act, 1988 and relevant legal precedents.

Suresh Kait, J.

1. The present appeal is preferred against the impugned award dated 19.04.2012, whereby the learned Tribunal has granted compensation for a sum of Rs.1,91,663/- with interest at the rate of 9% per annum from the date of filing of the claim petition till realization of the amount.

2. Vide the instant appeal, the appellant is seeking enhancement of the aforementioned compensation amount.

3. Brief facts of the case are that on 28.02.1998, the appellant was returning to his house from his workplace in Gurgaon on his two wheeler Scooter No. DII-9323(Bajaj Super). When he reached near Rangpuri Petrol Pump opposite Sherey Punjab Hotel, at about 7.30 p.m. the offending vehicle bus No. RJ-02P-0868 (Tata Bus) came from behind at a very fast speed, which was being driven in a rash and negligent manner by respondent No.1, struck the scooter of the appellant thereby caused the accident. The appellant was thrown away from his scooter and received serious head injuries and other bodily injuries. After the accident, the bus stopped for a while and then ran away. The appellant was taken by police gypsy to Safdarjung Hospital in an unconscious condition. The appellant got discharged from the said hospital and was admitted in Apollo Hospital for further treatment. He was treated as an indoor patient from 01.03.98 to 14.03.98 and was diagnosed with head injury with Bitemporo Parietal Haemorrhagic contusions.

4. It is pertinent to mention here that earlier an ex parte award was passed vide order dated 01.04.2006, which was set aside by this court and thereafter the award under challenge was passed on 19.04.2012. In the first round of litigation, the compensation of Rs.1,85,000/- was granted in favour of the appellant. The appellant did not lead any additional evidence after the earlier award was set aside. Hence, the learned Tribunal observed the same in Para 33 of the impugned award that there was no new evidence, however, increased the award only to an extent of Rs.6,413/-.

5. Mr. V.K. Malik, Learned counsel appearing on behalf of the appellant submitted that the appellant has been advised neither to drive nor to work on heavy machines. He lost all his working faculties of mind and as such was incapacitated to work of any nature. He is still taking treatment from Vidya Sagar Institute of Mental Health and Neuro Sciences (VIMHANS) and cannot take work load due to memory lapses and mental strain. He is still on medicines and has no hope of recovery.

6. Learned counsel further submitted that the learned Tribunal failed to appreciate the physical condition, medical record, and erroneously passed the impugned order without discussing the merit of the claim of future compensation on account of the appellant having been incapacitated to work. The learned Tribunal has further failed to appreciate the facts emerging from the claim petition that the medical circumstances which can be taken judicial notice. Therefore, the learned Tribunal ought not to have rejected the claim on account of non-production of any certificate of permanent disability. Whereas, disability itself is made out from the medical advice of Dr. N. Sairam, which clearly states that the appellant is unable to do any work as he has memory lapses and mental strain.

7. Learned counsel submitted that the learned Tribunal failed to appreciate the fact that the appellant was under continuous treatment of Dr. N. Sairam since 1998 till the date of passing of the impugned award.

8. It is submitted that the Ld. Tribunal has miserably failed to assess the medical expenses and also the future claim in that regard and improperly assessed the compensation against the loss of future earning at Rs.40,000/-whereas the appellant has been earning Rs.20,000/- per month in the year 1998 as he was Head of the Department working as General Manager (Works). He is a first class graduate in Production Engineering and had a vast experience, therefore, would have progressed both, in pro