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J.R. MIDHA, J.

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1. The appellant has challenged the award of the learned Tribunal whereby compensation of `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.

5. The appellant examined two witnesses before the Claims Tribunal. The appellant himself appeared in the witness box as PW-1 and deposed that his right leg came under the tyre of the truck and the truck dragged his scooter to a distance of 5/10 paces. The appellant was first taken to ESI Hospital and was thereafter shifted to Dr. Ram Manohar Lohia Hospital where he remained admitted for about three months. The appellant's right leg and thigh bone were fractured, bone of his leg entered into his stomach and both his testicles were damaged due to the accident. The appellant's penis was completely damaged in the accident. The appellant further stated that a major operation was conducted on his stomach to thighs at Dr. Ram Manohar Lohia Hospital. He remained in the oxygen room for 11 days as his condition was very serious and thereafter, he was shifted to the ward where he remained for about three months. Another operation was conducted on his right leg for insertion of steel rod, which was removed after three months. Thereafter, he was treated by a private doctor at Verma Clinic at Mangol Puri. The appellant deposed that he would require treatment throughout his life. The appellant claimed to have spent a sum of `1,00,000/-. The appellant proved the medical bills as Ex.PW1/1 to Ex.PW1/53 and the M.L.C. as Ex.PW1/54. At the time of the accident, the appellant was in the service of M/s Tag Garments, Mansarovar Park earning `2,500/- p.m. but he has not been able to carry out his job after the accident. The appellant could not lift weight and do work with his hands due to stomach injuries. He could not run due to leg injuries and could not sit properly. The appellant was married at the time of the accident and was unable to perform his marital relations with his wife due to the damaged testicles. In his cross-examination, the appellant stated that his treatment at Dr. Ram Manohar Lohia hospital was free of charge, but he had to purchase medicines from outside. He got himself treated from private doctors for about one year and used to spend `100/- per visit. The appellant did not do any work after the accident and his wife was maintaining him. The appellant suffered 100% permanent disability due to injuries suffered by him.

In Illinois, fifth most populous state of USA, the Illinois Workers' Compensation Commission provides for compensation equal to 162 weeks of the worker's income as compensation in case of loss of both testicles. Workers' Compensation Act, 1951 of Australian Capital Territory stipulates the disability arising out of loss of penis or both testicles as 47%. Workers Rehabilitation and Compensation Act, 1986 of South Australia provides for minimum compensation for loss of genital organs as US$ 1,40,320. The Accident Compensation Act, 1985 of Victoria in Australia provides for compensation of US$ 1,18,570 for loss of penis or both testicles. The Workers' Compensation and Rehabilitation Act, 2003 of Queensland in Australia defines the disability to be 50% for loss of genital organs and compensation of US$ 1,00,000 for the same. In New South Wales in Australia, the permanent disability for the loss of penis or both testicles is taken to be 47% and the compensation of US$ 47,000 is provided for the same. The JSB Guidelines for assessment of general damages in personal injury cases in UK provides for compensation up to £96,000/-

10. The appellant has challenged the award of the learned Tribunal whereby compensation of `1,47,000/- has been awarded to him. The appellant seeks enhancement of the award amount.

11. The accident dated 10th May, 1999 resulted in grievous injuries to the appellant. The appellant was travelling on his two-wheeler scooter bearing No.DBF 1033 near Old Yamuna Bridge while going from Yamuna Bazar to Shahdara when he was crushed under the front left wheel of bus No.DBP 243 resulting in grievous injuries including fracture of pelvis bone of the appellant. The left testicle, rectum and urinary bladder were crushed. The appellant also suffered grievous injuries on the joint of left thigh and testicles. The appellant underwent six surgeries due to the injuries suffered in the accident.