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2018 DIGILAW 1421 (SC)

Ganesh S/o Kishanrao Kalapad v. Kishan Baliram Wankhede

2018-08-31

R.BANUMATHI, VINEET SARAN

body2018
ORDER 1. Leave granted. 2. Injured-appellant was awarded compensation of Rs. 25,000/-by the Tribunal which was affirmed by the High Court. The appellant seeks enhancement of compensation. 3. The appellant has sustained injuries on the eye and is said to have disability of 25%. The appellant was a daily-wage laborer by doing masonry work and earning Rs. 125/- per day. 4. Taking the appellant's income as Rs. 3000/- per month and disability 15% adopting multiplier at 18 and loss of income due to the disability is calculated at Rs. 97,200/- (3000 x 18 x 15 x 12 t 100 = 97,200). The appellant will also be entitled to Rs.3000/- towards transport charges. 5. In view of above, the appellant will be entitled to additional compensation of Rs. 1,00,000/- (Rupees One Lakh), in addition to what was awarded to him by the Tribunal. Enhanced compensation, as noted above, shall be deposited before the concerned Tribunal by the respondents within a period of six weeks from today failing which the enhanced compensation, Rs. 1,00,000/- (Rupees One Lakh) shall carry interest at the rate of 9% per annum. On deposit of enhanced compensation, the same shall be disbursed to the appellant. 6. The appeal is accordingly disposed of.