Bhaga vs G.M., KSRTC and Another

B.N. Krishnan, J.—Though this matter is listed for admission it is taken up for final disposal with the consent of the learned Counsel on both

sides.

The appellant was the claimant before the Tribunal and she has sought for recovery of compensation in respect of injuries sustained by her in

motor vehicle accident involving B.T.S. bus No. MEF-1033 on 14.3.1989. The Tribunal awarded a compensation of Rs. 34,000/- and being

aggrieved by the inadequacy of the compensation awarded, the claimant has preferred this appeal seeking enhancement of the same.

The evidence led by the claimant indicates that she has suffered fracture of the lateral malluolus and dislocation of the right shoulder and she was

an in-patient in the hospital from 14.3.1985 to 1.4.1985. The evidence of the Doctor coupled with Ex. P-106 which relates to the examination of

the claimant as late as 6.12.1990 indicates that these disabilities had continued even as on that date and the movements dorsi flexion and plantar

flexion were painful and were short of 10 degrees and the injuries had left 25% permanent disability The Tribunal though has not rejected this

evidence relating to 25% disability and on the other hand has accepted the same has nevertheless observed that there was no clear evidence to

show that the petitioner had sustained disability so as to effect her earning capacity.

Undisputedly the claimant was coolie and the dorsi flexion and plantar flexion of the particular limb were painful and the Doctor has also opined

that it has left 25% permanent disability on account of mal-union of the fracture. No other evidence is necessary to show that this disability would

affect the future earnings of the claimant. Even taking the earnings of the claimant at a minimum of Rs. 500/- per month and taking the loss of

income at Rs. 125/- per month, on account of 25% disability, the annual loss would be Rs. 1,500/- and applying 14 as the operative multiplier, the

loss of future earning must be quantified at Rs. 21,000/- The disability would also affect the future amenities of the claimant cannot also be

disputed. Therefore taking note of that it appears to us that the compensation awarded to the claimant should be enhanced by Rs. 25,000/-.

In the result, in modification of the award of the Tribunal, the claimant shall be paid a further sum of Rs. 25,000/- with interest thereon at 9% per

annum from the date of petition to the date of payment. Appeal is allowed only to the extent indicated above.