I n t he case of Raj Kum ar v. Aj ay Kum ar and anot her, report ed in

Mr. D.C.S. Rawat , Advocat e for t he respondent no.2. This Appeal from Order has been 2. filed by t he claim ant for enhancem ent of t he am ount awarded by learned Mot or Accident Tribunal/ Addit ional Dist rict Judge, Khat im a, Dist rict Udham Singh Nagar passed in M.A.C.P. No.297 of 2019. Claim s t he No. port ion reckless driving, Fact s of t he case, in brief, are t hat 3. on 15.10.2015 at approxim at ely 08: 00 p.m ., t he appellant was st anding on t he unpaved Shakt ifarm –Sit arganj Road, wait ing for a vehicle, when a m ot orcycle bearing regist rat ion UP- 26- K- 2300, proceeding from t he opposit e direct ion, was being driven in a rash and negligent m anner. On account of excessive speed cont rol of t he vehicle, which collided wit h t he appellant . As a result , t he appellant including sust ained grievous leg. The serious m ot orcyclist fled t he scene im m ediat ely t hereaft er, leaving t he appellant severely inj ured. The appellant was init ially t aken t o t he Governm ent Hospit al, Sit arganj , adm inist ered. aid was Considering t he severit y of his inj uries, he was referred t o a higher m edical facilit y. Consequent ly, t he appellant was fract ures inj uries, in his t he t he Cent re, cont inues Haldwani, t o st abilize t o Bom bay Hospit al and adm it t ed Research 16.10.2015, where he rem ained under t reat m ent for approxim at ely t welve days. During t his period, surgical int ervent ion was perform ed on his inj ured leg, which included t he insert ion of a m et al rod and fract ures. The wiring appellant perm anent reduced m obilit y disabilit y in t he affect ed leg, which has had a significant im pact on his capacit y t o earn a livelihood and on his overall qualit y of life. I n view of t he serious nat ure prolonged hospit alizat ion, surgical t reat m ent , and result ant disabilit y, t he appellant seeks enhancem ent of com pensat ion awarded by t he learned Tribunal. t o inj uries, suffer t he accident , Learned counsel for t he appellant 4. subm it s t hat , as a consequence of t he aforesaid appellant sust ained grievous inj uries t o his right leg, result ing in a perm anent disabilit y assessed at 45% . I t is furt her cont ended t hat t he appellant has, by reason of t he accident , becom e perm anent ly incapable of perform ing any gainful occupat ion, and, t herefore, t he disabilit y should be t reat ed as t ot al, i.e., 100% , rat her t han 45% . Learned counsel furt her subm it s t hat , during t est im ony, a m em ber of t he t he Medical appellant ’s becom e short ened and st iff, t hereby rest rict ing his abilit y t o bend t he knee or assum e a squat t ing post ure, which significant ly t o im pairs his m obilit y and capacit y engage in daily act ivit ies. deposed Board t hat cont ra,

5. Per counsel appearing on behalf of t he I nsurance Com pany cont ends t hat t he assessm ent learned I t t he t he t hat nat ure engaged em ployed of disabilit y m ust be m ade wit h reference t o appellant ’s t he dut ies perform ed occupat ion and t he subm it t ed t herein. appellant , a Supervisor in an agricult ural field, was m echanical work of a st renuous nat ure. Consequent ly, t he appellant ’s disabilit y does not result in any subst ant ial loss of earning capacit y, and, addit ional com pensat ion is warrant ed on account of t he perm anent im pairm ent . any m anual is argued t herefore, t hat t he t he considering 6. Aft er subm issions advanced by learned counsel for t he part ies and upon perusal of t he evidence and m at erial available on record, t his Court finds no infirm it y or illegalit y in t he award passed by t he learned Tribunal. The Tribunal has right ly appreciat ed t he evidence in assessing t he funct ional disabilit y of t he appellant at 45% , t aking int o considerat ion t he nat ure of his occupat ion as a Supervisor in an agricult ural field, which does not require cont inuous physical exert ion or m anual labour. The cont ent ion of t he appellant t hat his disabilit y ought t o have been t reat ed as t ot al ( 100% ) is devoid of t he set t led m erit and cont rary principles t he Hon’ble Suprem e Court . t o laid down by t he principles

7. I n t he case of Raj Kum ar Vs. Aj ay Kum ar and anot her, report ed in ( 2011) 1 SCC 343, t he Hon’ble Suprem e Court laid assessing com pensat ion in m ot or accident cases involving perm anent disabilit y. The Court det erm ining com pensat ion, a dist inct ion m ust be m ade bet ween physical disabilit y and t hat funct ional disabilit y — t he lat t er being t he real m easure of loss of earning capacit y. The percent age of funct ional should be assessed wit h disabilit y reference t he nat ure of work t o perform ed by t he claim ant and it s im pact on his earning pot ent ial. The Court em phasized t hat com pensat ion m ust be j ust , reasonable, and based on realist ic assessm ent of evidence.

8. Sim ilarly, in t he case of Rekha Jain v. Nat ional I nsurance Com pany Lt d. & ot hers, report ed in ( 2013) 8 SCC 389, t he Hon’ble Suprem e Court held t hat loss of earning capacit y m ust be det erm ined based on t he claim ant ’s profession and t he im pact of disabilit y on livelihood.

9. I n t he present case, t he appellant has failed t o est ablish t hat t he disabilit y rendered him suffered by him has com plet ely incapable of discharging his supervisory dut ies. The m edical evidence rest rict ed relied upon only leg, but does not m obilit y subst ant iat e earning capacit y. The com pensat ion awarded by t he learned Tribunal is, t herefore, found t o be j ust , reasonable, and in accordance wit h law. indicat es in one t ot al

10. Accordingly, t his Court does not find any ground t o int erfere wit h t he well- reasoned award passed by t he learned Tribunal. The appeal, being devoid of m erit s, is hereby dism issed. The award t he learned Mot or Accident Claim s Tribunal is affirm ed.

11. The st at ut ory am ount , if deposit ed by t he appellant at t he t im e of filing t he appeal, shall be rem it t ed t o t he Tribunal concerned for adj ust m ent t owards t he award am ount . The balance am ount , if any, shall be released in favour of t he claim ant as per t he direct ions of t he Tribunal. ( A l o k M a h r a , J.)

14.10.2025 Arpan ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c04853 65445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D4 54C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL