Madan Gopal vs Jasbir Singh and Another

J.R. Midha, J.—The appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 14,716/- has been awarded to the appellant. The appellant seeks the enhancement of the award amount.

The accident dated 3-4th June, 2006 resulted in fracture of both bones of left arm of the appellant. The appellant proved the medical record - Ex.PW-1/1 to Ex.PW-1/6 and FIR/MLC -Ex.PW-1/16. The bills of medicines were proved as Ex.PW-1/7 to PW-1/14. The learned Tribunal awarded a sum of Rs. 3,312/-towards minimum wages for one month towards loss of income, Rs. 10,000/- towards pain and suffering and agony and Rs. 1,404/- towards the medical expenses.

Learned Counsel for the appellant submits that the appellant is a tailor by profession and he could not attend to his work for period of seven months due to the fracture of both the bones of left arm. The appellant seeks enhancement of the loss of income for a period of seven months. Learned Counsel for the appellant also seeks compensation for conveyance, special diet and enhancement of compensation towards pain and suffering.

The medical record of the appellant shows fracture of both the bones of left arm. The plaster of the left arm of the appellant would have continued at least for two months followed with physiotherapy for at least another one month and, therefore, it can be presumed that the petitioner was unable to work for at least three months. Compensation for loss of income is, therefore, awarded for a period of three months which comes to Rs. 9,936/- (minimum wages of Rs. 3,312 X 3). The general damages of Rs. 10,000/- towards pain and suffering and agony is also on a lower side and, therefore, the same is enhanced from Rs. 10,000/- to Rs. 15,000/- considering that there was fracture of both bones of left arm. Learned Tribunal has not awarded any compensation towards special diet and conveyance. Considering the facts and circumstances of the case, Rs. 5,000/- is awarded towards conveyance and Rs. 5,000/- is awarded towards special diet. The total compensation of the appellant is assessed to be at Rs. 34,936/- (Rs. 9,936/- + Rs. 15,000/- + Rs. 5,000/- + Rs. 5,000/-).

The appeal is allowed and the award amount is enhanced from Rs. 14,716/- to Rs. 34,936/- along with interest @7.5% per annum from the date of filing of the petition till realization. The respondent No. 2 is directed to deposit the enhanced award amount with the learned Tribunal within a period of 30 days.

Upon such amount being deposited, the learned Tribunal is directed to release the same without any restriction of fixed deposit.

Copy of the order be given dasti to learned Counsel for both the parties.