In motor accident claims, the assessment of compensation relies on the preponderance of probabilities, ensuring that evidence is evaluated fairly rather than adhering strictly to minimum wages.

JUDGMENT

Gaurang Kanth, J. The present appeal has been preferred by the Appellant challenging the award dated 04.09.2012 ("impugned award") passed by the learned Presiding Officer, Motor Accidents Claims Tribunal-II, Dwarka Courts, New Delhi seeking an enhancement of the sum awarded by the learned Claims Tribunal. The Appellant had prayed for a compensation of Rs.10,00,000/- with an interest @ 12% per annum against which the learned Claims Tribunal had awarded Rs.5,32,318/- with an interest @ 9% per annum payable from the date of filing of the claim petition till its realisation.

2. The accident occurred on 21.12.2006 when a motorcycle bearing number DL 3S-AV-9115 driven by the Appellant along with a pillion rider Sh. Vinod Kumar was hit by a car driven by Respondent No 1. The accident caused the Appellant fractures in the right leg at three places and head injuries. The learned Claims Tribunal, awarded the compensation under the following heads:

3. Being aggrieved by the impugned award, the Appellant preferred the present Appeal for the enhancement of the compensation.

SUBMISSIONS ON BEHALF OF THE APPELLANT

4. Learned counsel appearing for the Appellant, Mr. S.N. Parashar, had contended that the learned Claims Tribunal ought to have appreciated that the income of the deceased at the time of the accident was Rs.13,000/- per month as an employee of M/s Manpower Incorporated and it was incorrect to apply the minimum wages of an unskilled worker while calculating the Loss of Earning during the treatment period and Loss of Future Earnings.

5. It was further submitted that the learned Claims Tribunal erred in construing the disability of the Appellant at 25% instead of 51% as recorded in the disability certificate. The accident restricted the movement of the right leg of the victim, preventing him from performing his work. Reliance was placed on K. Suresh vs New India Assurance Co. Ltd & Anr. reported as (2012) 12 SCC 274; Neerupam Mohan Mathur vs New India Assurance Co., reported as (2013) 14 SCC 15; Sr. Anthony @ Anthony Swamy vs Managing Director Ksrtc, Civil Appeal No 2551 of 2020 decided on 10.06.2020.

6. It was the contention of Mr. Parashar that the amount awarded towards attendant charges being Rs.25,000/- and special diet & conveyance being Rs.7,500/- each is very meagre and ought to be enhanced.

7. Mr. Parashar submitted that considering the prolonged hospitalisation of the Appellant, the award of Rs.75,000 for Pain & Suffering and Loss of Amenities is minimal. An enhancement in lieu of the same has been sought.

8. Lastly, it was submitted that the learned Claims Tribunal failed to award compensation under the heads `Future conveyance', `Loss of enjoyment of Life and disfigurement'. It was their case that compensation must be awarded under such heads as well.

SUBMISS