Hari Singh vs Gurcharan Singh <BR> Paul Umoh Udo Vs Gurcharan Singh

K. Kannan, J.—Both the appeals are for enhancement of the compensation in respect of two claims by two individuals. The accident was on 17.09.1993. The claimant in FAO No. 773 of 1998 suffered serious injuries viz.; 54% permanent disability, while right arm had reportedly become totally non-functional, had frail right elbow and suffered a restriction of right shoulder. According to him, his disability had increased to 75% with respect to right upper limb.

The assessment for medical expenses was at Rs. 40,000/- against medical bills filed for Rs. 37,000/-. I find it appropriate. He was awarded Rs. 20,000/- towards loss of income. His monthly income was Rs. 1950/- and he was said to have availed leave for six months. Even if he had been on loss of pay for the whole period, the amount awarded was appropriate. No amount has been awarded for attendant charges, special diet and transportation. I shall provide for Rs. 20,000/-. I shall increase the loss of amenity qua limb at another Rs. 5000/-. Overall, there shall be an increase by Rs. 25,000/- with interest @7.5% from the date of petition till the date of payment. The liability shall be as determined already by the Tribunal.

The award passed by the Tribunal stands modified and the appeal in FAO No. 773 of 1998 is allowed to the above extent.

In FAO No. 774 of 1998, the claimant was a resident at Nigeria and had suffered amputation of right arm, forearm above the elbow 5 cm below the shoulder joint. He claimed that he was earning $ 1000 per month and his services were terminated after the accident. At the time of evidence, he had come from Nigeria and gave evidence to the effect that his employer gave him assignment at India for three months only. He claimed that he had undertaken air travel more than three times and filed air fare for his trips to India. He also contended that he had to spend Rs. 500/- per day for hotel charges during the stay in India for treatment.

I find that the assessment is not proper. I shall rework the compensation taking the income at Rs. 49,000/- per month. He has suffered an amputation of his hand and there was evidence that he had lost his job but he was only given small time assignment. I take the disability to have resulted in loss of earning capacity as well. There was also evidence that he had to be staying in a hotel at Delhi and spending Rs. 1000/- per day, while taking treatment. An artificial contrivance for the lost limb was said to cost over $ 35,000 but I have not provided for the entire amount. The following are the heads of claim:-

There shall be an award for Rs. 40,33,200/-. The additional amount over what has already been provided by the Tribunal shall also attract interest @7.5% from the date of petition till the date of payment. The liability shall be as determined by the Tribunal.

The award stands modified and the appeal in FAO No. 774 of 1998 is allowed to the above extent.