Research › Search › Judgment

Rajasthan High Court · body

2011 DIGILAW 2686 (RAJ)

Nawal Kishore v. Mohammad Lukman

2011-12-07

MOHAMMAD RAFIQ

body2011
Hon'ble RAFIQ, J.—This appeal has been preferred by the claimant seeking enhancement of the compensation. Claimant sustained injuries that was assessed to cause 6% permanent disability. The Tribunal has awarded Rs.31,000 in lump sum for loss of earning capacity as well as for pain and sufferings and however awarded Rs.12,141/- for actual medical expenses, Rs.7,000 for hospitalisation of 14 days and Rs.3,000 for transportation. Thus a total amount of Rs.53,141 has been awarded as compensation. 2. Contention of the learned counsel for the appellant is that claimant was an agriculturist and his income should be accepted as Rs. 3,000 per month and on that basis for disability of 6% and at the age of 35 years, applying the multiplier of 17, the compensation would come to Rs.36,720. The Tribunal has however awarded only Rs.31,000/-, which too include the amount under the head "pain and sufferings". 3. Shri Tripurari Sharma, learned counsel for the respondent opposed the appeal and submitted that at the relevant time, the minimum wages for the skilled labour was Rs.68 and therefore on that basis maximum wages of the claimant-appellant should be taken at Rs.2,100 per month and not more than that. 4. Having heard the learned counsel for the parties and perused the material on record, I find that even if the wages of the appellant is accepted to Rs.2,500 per month, his loss of earning capacity at the rate of 6% permanent disability would approximately comes to Rs.30,000. The Tribunal has awarded a sum of Rs.31,000 in lump sum, however, nothing has been separately awarded for pain and suffering. The award is thus enhanced from Rs.53,141 to Rs.60,000 with interest @ 7.5% on the enhanced amount from the date of filing of claim petition. The appeal is accordingly allowed in part.