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5.2 Petitioner also examined Dr.Priyanka Prasad W/o Dr. Amber Amar Bhayana, Senior Resident of Unit 5, Dr. Rajendra Prasad Centre for Ophthalmic Sciences, AIIMS, New, Delhi as PW­

2. She relied upon the copy of authority letter vide Ex. PW­2/1. She proved visual disability certificate of petitioner Anshu Sharma vide Ex. PW­2/2. She was cross­examined by Ld. Counsel for R­3/ Insurance Company. In her cross­examination she deposed that as per the record of the hospital the patient presented to them with PANKAJ by PANKAJ SHARMA SHARMA Date: 2023.09.13 13:25:00 +0530 complaint of diminution of vision of left eye for past one year following the history of RTA one year back. She further deposed that the left eye of the patient namely Anshu Sharma had no light perception or no vision in her left eye and also the right eye has moderate amount of vision loss amounting to 6/18 on vision testing and bilateral optics nerve show evidence of atrophy/ damage. She further deposed that patient presented on 16.06.2017 in OPD under Unit III and was referred to Neuro­opthalmology clinic on 23.07.2017 and 28.07.2017. She proved the copy of detail of patient's appointment vide Ex.PW­2/3 and the copy of clinic examination sheet vide Ex. PW­2/4. She further deposed that the visual disability certificate issued on 10.04.2018 by Dr. Harathy S, Sr. Resident and Dr. Rohit Saxena Professor Unit 5. She further deposed that the visual disability certificate has been signed by three doctors including medical superintendent. She further deposed that she is deposing on the basis of the record maintained by the hospital for the treatment of the patient Anshu Sharma.

(iii) Loss of actual earnings

21. In her affidavit Ex. PW1/A, the petitioner claims that she used to run a Coaching Centre and was earning Rs.15,000/- per month from that vocation. The petitioner is a Graduate girl as such there is no doubt over her claim that she was giving coaching to children at the relevant time and was earning the stated amount. The MLC Ex. PW3/2 reflects that the petitioner sustained a grievous injuries which resulted into 30% permanent visual disability. The above documents are sufficient to uphold the claim of the petitioner to the effect that she was unable to resume her work since the date of accident. It is pertinent to note that due to damage of optical nerve, the loss of eye vision of left eye and moderate loss of vision of right eye her capability and capacity to pursue her vocation has been greatly hit as a teacher is required to read a lot for giving coaching. In view of the nature of the injuries sustained by the petitioner, it could be safely assumed that the petitioner could not have worked for about 06 months due to the injuries as her treatment was continuing. As per relevant notification, the Minimum Wages admissible to a Graduate Person as on 01.11.2016 in Delhi were Rs.12,662/- as petitioner is Graduate. As such, the petitioner is held entitled to a sum of Rs. 75,972/- ( rounded off) (Rs.12,662/- X 6). The said sum is awarded to the petitioner under this head.

(v) Conveyance, Attendant Charges and Special Diet

23. Considering the fact that the petitioner has no light perception or no vision in her left eye and also the right eye has moderate amount of vision loss amounting to 6/18 on vision testing and bilateral optics nerve show evidence of atrophy/ damage, therefore, in view of the nature of injuries sustained by the petitioner, the extent of permanent visual disability and the extended period of medical treatment, the petitioner is granted a sum of Rs. 50,000/- each under these heads.

PANKAJ by PANKAJ SHARMA SHARMA Date: 2023.09.13 13:26:07 +0530

(vi) Loss of amenities of life and disfigurement

24. Considering the fact that the petitioner has no light perception or no vision in her left eye and also the right eye has moderate amount of vision loss amounting to 6/18 on vision testing and bilateral optics nerve show evidence of atrophy/ damage, therefore, in view of the nature of injuries sustained by the petitioner, the extent of permanent visual disability and the extended period of medical treatment, the petitioner is granted a sum of Rs. 1,00,000/- each under these heads.