Krishan Lal vs Amit Kumar and Others

K. Kannan, J.—The claim is for compensation for injuries suffered in a motor accident for a male aged 54 years. He was said to be engaged in business and an income tax assessee. He had crush injury below his knee and his leg had been amputated. He had also multiple fractures on the other leg and injuries on various parts of his body. The fracture was reduced by an implant of rod. The claimant contended that he would require also additional expenses for an artificial limb and had filed an application CM No. 2322-CII of 2013 to accept the evidence setting out the details that an artificial limb will cause Rs. 2,83,200/-.

It is most important that there is an appropriate evidence lead even at the time of filing about the likely expenses in future. A person who has an artificial limb cannot say that he did not know nature of expenses that would be incurred in future. I cannot allow for an additional evidence to be brought without affording an opportunity to the other side to controvert that is contained in the document. Additional evidence cannot also be given without explaining why such evidence could not be produced before the tribunal. I shall not be able to accommodate the claim on the basis of the document brought but however I made an attempt to rework the compensation taking all the relevant factors that include also a claim for future medical expenses. They are tabulated as under:-

The total compensation payable shall be Rs. 18,61,000/-. The court has provided for various heads which are un-usual. The tribunal shall not create new heads of claim. There is no question of providing for disfigurement for a person who has suffered amputation when an appropriate head of claim shall be loss of amenities and for loss of future earnings. The tribunal has also completely discarded the loss of earning capacity on the ground that he continues in the same work. The amputation of leg is a scheduled injury under the Workmen Compensation Act and all regimes that provide for compensation recognizes amputation cases as resulting in loss of earning capacity. Here the loss is assessed as loss of earning abilities on account of his serious handicap suffered. There shall be a compensation of Rs. 18,61,000/-. The amount in excess of what has already been granted by the Tribunal shall attract interest at the rate of 7.5% per annum from the date of petition till the date of payment.

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