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DHARMESH SHARMA
Master Rupendra Singh @ Rupendra – Appellant
Versus
Ajjappa – Respondent
JUDGMENT
DHARMESH SHARMA, J.
1. The appellant through his mother and natural guardian has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 [MV Act] assailing the impugned judgment-cum-award dated 08.04.2022 passed by the learned Presiding Officer, Motor Accident Claims Tribunal, Patiala House Courts, New Delhi [Tribunal], in MACP No. 443/2016 and is thereby seeking enhancement of compensation on various grounds.
FACTUAL BACKGROUND:
2. Shorn of unnecessary details, the appellant who was a boy of 4? years, met with a motor accident on 01.09.2015 involving an Army Truck 2.5 ton bearing registration No. 13C-09289Y [Offending vehicle] being driven by respondent No.1. Suffice to state that the accident resulted in the appellant sustaining prolonged medical treatment and eventually suffered permanent disability to the extent of 90% that resulted in amputation of the left upper limb. Learned Tribunal inter alia held that the respondent No.1 was driving the offending vehicle belonging to the respondents No. 2 and 3 in a rash and negligent manner that resulted in causing injuries to the appellant, which has not been assailed in the present appeal.
A minor child suffering permanent disability in a motor accident must not be treated as a non-earning individual; compensation for loss of income should be calculated using minimum wages for skilled ....
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