Rajesh vs Jagbir Singh and Others

K. Kannan, J.—The appeal is for enhancement of compensation for injuries suffered in a motor accident that took place on 27.12.1996. He was a student of BAMS and was also stated to make a living by giving tuition to boys around. He was said to be earning Rs. 3,000/- per month. He had bilateral fracture of both bones in the leg with mal-union with posterior strangulation of left tibia. He complained that he had difficulty in walking. The doctor who was treating him had assessed the disability at 8%.

Although the claimant stated that he had spent over Rs. 50,000/-, no medical bills had been produced and the Tribunal had taken the expenses at Rs. 5,000/-. I will retain the same. For fracture of two bones with difficulty in walking, I will make an estimate of Rs. 22,500/- as going towards pain and suffering. The Tribunal has assessed loss of earning capacity taking 8% disability as constituting 8% loss of earning capacity and working the loss of income taking the income to be Rs. 1500/- per month. I will not make any such assessment and the amount which the Tribunal has assessed as going towards loss of earning capacity, I will substitute it as going towards loss of amenities. I will also make a modest increase of Rs. 5,000/- towards loss of income during the period when he was taking treatment. This would mean that the total compensation payable will be Rs. 54,100/-. I will tabulate the various heads of claim for an easy understanding of how the amount has been arrived at as under:-

There shall be a compensation of Rs. 54,100/-. The additional amount of compensation 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 on the insurance company.

The award passed by the Tribunal stands modified and the appeal is allowed to the above extent.