Branch Manager vs Ashwin G.

N. Ananda, J.—The matter is listed for admission. The lower court records are received. With the consent of learned counsel for parties, it is taken up for final disposal.

The Insurance Company has filed this appeal for reduction of compensation.

I have heard Sri. B. Pradeep, learned counsel for Insurance Company and Sri. Lokesh Malavalli, learned counsel for claimant.

The learned counsel for Insurance Company would submit that Tribunal should not have awarded compensation of Rs. 6,48,000/- towards "loss of earning capacity & loss of future earnings" in the absence of satisfactory evidence, much less evidence:

The learned counsel for claimant would justify the impugned award.

The evidence on record would reveal that claimant was working as a Design Engineer with M/s. E-Metrics Consulting Engineers Pvt. Ltd. In the affidavit filed by claimant, he has stated that his service was terminated as a result of injuries suffered in the accident. The claimant has relied on letter as per Ex. P. 25, wherein it is stated that he was removed from company. The affidavit evidence was filed on 09.04.2012. In the affidavit evidence, claimant has not stated that his service was terminated by his employer and he has been completely or partially disabled from working as a Design Engineer. The Tribunal without considering all these documents has awarded compensation of Rs. 6,48,000/- towards "loss of earning capacity & loss of future earnings".

It is true that claimant was working as a Design Engineer. It is not controverted that claimant had suffered fracture of both bones of left leg. He has to suffer from residual effects of injuries during rest of his lifetime. The job of claimant is not totally sedentary in nature. He has to suffer from pain and inconvenience while doing his job as his job is not restricted to one place. Having regard to overall facts and circumstances of the case and considering the fluid nature of evidence adduced by claimant, I deem it proper to determine permanent physical disability vis-a-vis loss of earning capacity at 5%, as a result, claimant would be entitled to compensation of Rs. 3,24,000/- towards "loss of earning capacity & loss of future earnings". The claimant has claimed compensation of Rs. 5,00,000/- towards "medical expenses", however he has failed to substantiate the same. The contents of cash bills-cum-receipts relied on by claimant do not inspire confidence. In the circumstances, "medical expenses" incurred by claimant has to be assessed by guess work, so also "travelling expenses".

Considering the nature of injuries, probable medical expenditure and travelling expenses incurred by claimant, I deem it proper to award a sum of Rs. 50,000/- towards "medical expenses & travelling expenses". The Tribunal has awarded compensation of Rs. 5,000/- towards "future medical expenses", which in my considered opinion is inadequate. Therefore, I award additional compensation of Rs. 20,000/- towards "future medical expenses". The Tribunal has awarded compensation of Rs. 10,000/- towards "loss of amenities & enjoyment of life". The claimant was aged about 25 years at the time of accident. He has to suffer from pain and inconvenience during the rest of his lifetime. Therefore, I award additional compensation of Rs. 40,000/- towards "loss of amenities & enjoyment of life".

Thus, claimant is entitled to compensation of Rs. 4,34,000/- under following heads:--

In the result, I pass the following:--

ORDER

The appeal is accepted in part. The impugned award is modified. Compensation of Rs. 6,93,000/- awarded by Tribunal is reduced to Rs. 4,79,000/-. The rest of the impugned award as it relates to rate of interest, period of accrual of interest and ratio of payment and investment is confirmed. The amount deposited by Insurance Company shall be transferred to Tribunal.