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2014 DIGILAW 153 (PNJ)

Baldev Singh s/o Shri Surjan Singh v. Diwan Singh s/o Shri Lachhman Singh

2014-01-17

K.KANNAN

body2014
JUDGMENT Mr. K. Kannan, J. (Oral):- The appeal is for enhancement of compensation for injury suffered in a motor accident. The claimant was said to be a Mason and stated to be earning about Rs. 4,500/-. He had fracture of both legs and surgical operations had been done on more than 7 occasions and remained in the hospital for a long period from 09.12.1996 to 27.05.1997. 2. The Tribunal, while assessing compensation, granted Rs.2,42,800/- since the petitioner was stated to be suffering from temporary disability at the time of trial. I had allowed for examination of the petitioner at the time when the appeal was argued and the PGI before which he was examined has recorded the claimant’s age as 65 years and had assessed the case as one having 35% and the right lower limb and 30% left lower limb disability with ankylosis right knee hip and left ankle. The counsel would argue that having regard to the fact that he was a Mason, his disability must have taken resulting in a higher percentage of loss of earning capacity and compensation must be assessed also making provision for a future prospect of increase. 3. I will take the income as assessed by the Tribunal and provide for 30% increase on the same and take the average income to be Rs.3,900/-. I will retain the expenses as found for medicines, special diet, pain and suffering and reassess the compensation for loss of earning capacity, but take it at the very same percentage of disability as resulting in a like percentage of loss of earning capacity. Since the loss of earning capacity is independently assessed, the disability and the inconvenience which he suffered on account of permanent disability assessed, I will assess for relatively lower sum to correspond to the loss of amenities for 35% of disability. I will reassess the compensation and tabulate the same as under:- ---------------------------------------------------------------------------------------------------------------------------------------- Age 45 years ---------------------------------------------------------------------------------------------------------------------------------------- Period of hospitalization:09.12.1996 to 27.05.1997 Occupation & income : Mason Rs. 4,500/- per month Heads of Claim Tribunal High Court Sr. No. Amount Rs. Amount Rs. 1. Loss of income from to 3,000/- 3,900/- 2. Medical expenses: i) Medicines 25,000/- 25,000/- ii) Hospital charges iii) Attendant charges 5,000/- iv Special diet 5,000/- 5,000/- v Transportation 3. Pain & suffering 40,000/- 40,000/- 4. Disability (permanent) 1,72,800 5. 4,500/- per month Heads of Claim Tribunal High Court Sr. No. Amount Rs. Amount Rs. 1. Loss of income from to 3,000/- 3,900/- 2. Medical expenses: i) Medicines 25,000/- 25,000/- ii) Hospital charges iii) Attendant charges 5,000/- iv Special diet 5,000/- 5,000/- v Transportation 3. Pain & suffering 40,000/- 40,000/- 4. Disability (permanent) 1,72,800 5. Loss of earning power in percentage 35% i) Income 3900x35% ii) Multiplier 12 13 iii) loss of earning capacity 2,12,940/- 6. Loss of amenities 35,000/- 7. Reduction in life expectancy 8. Loss of prospect of marriage Total 2,42,800 3,26,840/- ---------------------------------------------------------------------------------------------------------------------------------------- On such a reckoning, the compensation payable will be Rs.3,26,840/- which I will round off to Rs.3,27,000/-. The amount in excess over what has been already awarded by the Tribunal will carry interest at 7.5% from the date of petition till date of payment. The liability shall on the Insurance Company as already assessed. 4. The appeal is allowed on the above terms.