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DELHI HIGH COURT
G.P.MITTAL
Dev Brat Tiwari – Appellant
Versus
State (NCT of Delhi) – Respondent
G. P. Mittal, J. (ORAL)
1. The Appeal is for enhancement of compensation of Rs.1,12,200/- awarded to the Appellant for having suffered injuries in a motor accident which occurred on 11.01.1992.
2. During inquiry before the Motor Accident Claims Tribunal (the Claims Tribunal) it was established that the Appellant suffered head injury with facio maxillary injury (right), fracture lower end of radius (left), compound and comminuted fracture, tibia and fibula (left) and fracture right mandible. He (the Appellant) was working as an Air Craftsman in Indian Air Force and was getting a salary of Rs.1,500/- per month on the date of the accident.
3. The Claims Tribunal awarded a compensation of Rs.1,12,200/- which is tabulated hereunder:
| Sl.No. | Compensation under various heads | Awarded by the Claims Tribunal |
| 1 | Medicines | Rs.1,000/- |
| 2 | Conveyance | Rs. 2,000/- |
| 3 | Special Diet | Rs. 5,000/- |
| 4 | Loss of Leave | Rs. 3,000/- |
| 5 | Pain & Suffering | Rs. 40,000/- |
| 6 | Permanent Disability, Loss of Earnings, Loss of Enjoyment, Amenities in Life and Frustration | Rs. 61,200/- |
| Total | Rs. 1,12,200/- |
4. The Appellant's grievance is that although, it was established before the Claims Tribunal that he would not get future promotion
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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