Satya Parkash vs Hoshiar Singh

K. Kannan, J.—The appeal is for enhancement of claim for compensation for injuries suffered in a motor accident that took place on 12.02.2003. He was said to have had a fracture of both bones of the right leg and alleged to have 40% disability. He claimed that he had been bed ridden for 6 months. The period of hospitalization was actually one week as brought out through the medical records. The doctor, who treated the claimant, was Dr. Sumit Suraj examined as PW7 and he had deposed that as a member of the Board, he assessed the fact that there was shortening of the limb due to fracture and that the disability was 40%. While assessing compensation, the Tribunal provided only for medical expenses at Rs. 25,000/- and discarded Exs. P14 to P27 and P32 to P44 that totalled up to Rs. 49,000/- in view of the fact that the person that issued the bills had not been examined. There was also an additional bill of Rs. 38,500/- towards surgical replacements that was also not provided. I would provide for the entire sums as brought through documents. It is not very clear from the evidence as to the nature of employment. I average his income at Rs. 3,000/- per month and provide for loss of income for 6 months. I shall rework the compensation under various heads of claims and tabulate them as under:-

There shall be an award of Rs. 2,30,500/- and the additional amount of compensation secured through this award will attract interest at 7.5% per annum from the date of petition till date of payment. The liability shall be in the same manner as determined already by the Tribunal.

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