J.R. Midha, J.

FAO No. 408/2002

1. The Appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 1,10,642/- has been awarded to the Appellant. The Appellant seeks enhancement of the award amount.

2. On 21st January, 1993 at about 3:30 PM, the Appellant was travelling as a pillion rider on a two wheeler scooter bearing No. DL-2SC-8258 when the said scooter was hit from behind by a truck No. DDL-6696. The Appellant fell down and sustained serious/grievous injuries including fracture of right leg. The bone of his right leg entered in the stomach and both the testicles as well as the penis were damaged.

3. The Claims Tribunal has awarded a sum of Rs. 4,000/- towards medical expenditure, Rs. 6,642/- towards loss of earning for six months and Rs. 1,00,000 for disability for reproduction, mental torture and pain to the Appellant. The total compensation awarded is Rs. 1,10,642/-.

4. Learned Counsel for the Appellant urged the following grounds at the time of the hearing of this appeal :

(i) The compensation for loss of earning capacity due to permanen