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SHARMA 2024.11.20 12:24:03 +0530 observing proper look out and at a break-neck speed came and hit the petitioner with great force.It is further stated that due to heavy impact the petitioner fell down on the road and received grievous injuries all over his body. It is further stated that the accident took place due to the rash and negligent driving on the part of R-1. It is further stated that the immediately after the accident the petitioner was brought to Sushruta Trauma Centre, by the police in a govt gypsy and the doctors of the said hospital attended, attended his injuries vide MLC No. 15008/19.As per petition, the petitioner was 32 years old at the time of accident and was doing private job and was earning Rs.20,000/- per month and he has sustained permanent severe neuro-psycological disability more than 40% and 60% physical locomotor disability and total disability is 73% sustained in the above accident. An FIR no. 347/2019 PS Wazirabad U/s 279/338 IPC was registered, wherein it is stated that the accident took place on account of rashness and negligence of driver of the offending vehicle. R-1 is the driver of the offending vehicle. R-2 is the owner of the offending vehicle.
2.Whether the petitioner is entitled for compensation? If so, to what amount and from whom?
3. Relief.
EVIDENCE

5. The mother of petitioner examined herself as PW-1 in support of his claim. The mother of petitioner filed affidavit Ex. PW1/A wherein she described the occurrence of incident in line with the facts mentioned in Para 1 of this award. She deposed that her son sustained grievous injuries at the relevant time. She further deposed that at the relevant time, he was 32 years of age and was doing a private job and was earning Rs.20,000/- per month and due to injuries he has not been able to do his duties till date due to the said accident he has sustained permanent severe neuro-psycological disability more than 40% and 60% physical locomotor disability and total disability is 73%. She has relied upon the following documents viz:-

20. As per medical documents, the petitioner has suffered grievous injuries and also sustained he has sustained permanent severe neuro-psycological disability more than 40% and 60% physical locomotor disability and total disability is 73%. As per disability certificate Ex. PW1/6 issued by GB Pant Institute of Post Graduate Medical Education & Reaserch (GIPMER) and was found to have sustained permanent severe neuro-psycological disability more than 40% and 60% physical locomotor disability and total disability is 73%. The aforementioned certificate was issued in terms of the directions of this Tribunal vide order dated 01/10/2022. Accordingly, the aforementioned disability certificate could be read in MACT No. 664/20 Sumit Sehgal Vs. Sudhir Kumar Singh & Ors. Page No. signed by PANKAJ PANKAJ SHARMA SHARMA Date:

(iv) Loss of future earnings due to disability

22. Petitioner claimed in his affidavit Ex. PW1/A that he has become permanently disabled after the accident and could not perform his work by resuming his duties. Admittedly, petitioner has suffered permanent severe neuro-psycological disability more than 40% and 60% physical locomotor disability and total disability is 73%. As per the facts, the disability assessment report Ex.PW-1/6 the petitioner has suffered permanent intellectual disability pertaining to brain which is more than 40% ( Severe Neuro Psycological) and locomotion disability to the extent of 60%. The total disability is 73%. In these circumstances, it can be safely inferred that the petitioner who has suffered such a severe disability affecting his brain as well as locomotion would become in capable of doing any work in future. It is pertinent to mention that petitioner is even unable to appear before Tribunal for deposition and his his mother has deposed on his behalf the facts PANKAJ SHARMA SHARMA Date: