J U D G M E N T

G. P. MITTAL, J. (ORAL)

‘

1. The Appeal is for reduction of compensation of 4,92,700/-

awarded in favour of the First Respondent for having suffered injuries in a motor vehicle accident which occurred on

27.11.1999.

2. On the fateful day, while the First Respondent was returning to his jhuggi on his bicycle along with one Ramesh, his neighbour, a Tata truck No.HR-46-1917 being driven in a rash and negligent manner by the Second Respondent came from behind and struck against his bicycle. The First Respondent fell down. Left wheel of the truck ran over the right hand/wrist leading to heavy bleeding. The First Respondent was removed to Adarsh Nursing Home, Sarai Peepal Thalla and was then treated in Hindu Rao Hospital. He was issued a Permanent Disability Certificate showing 40% disability because of deformity in his right hand and crushing of the fingers.

3. On appreciation of evidence, the Claims Tribunal found that the First Respondent was working as a Rickshaw Pullar and held that the Appellant would be unable to carry his profession on account of permanent disability. Thus, the Claims Tribunal took the minimum wages of a semi-skilled worker and awarded a compensation of