Lekha Hada vs Krishan Kumar and Another

K. Kannan, J.—The appeal is for enhancement of claim for compensation for injuries suffered in a motor accident. The contention was that there had been a fracture of both bones of left leg. Operation had been performed and the Tribunal had provided for medical expenses at Rs. 36,500/- that included charges for physiotherapy, surgery and cost of medicines. The Appellant had been hospitalized for 7 days and the Tribunal had awarded Rs. 20,000/- for pain and suffering. Dr. A. L. Bajaj had given evidence to the effect that the disability had resulted in 6% permanent disability. The Tribunal had awarded Rs. 12,000/- for disability which I would understand as the provision for loss of amenities suffered. The Tribunal also granted Rs. 4500/- for attendant charges for 7 days of hospitalization, Rs. 3,000/- for special diet and loss of income calculated for three months. The over all compensation of Rs. 76,000/-, in my view is appropriate and just.

Learned Counsel states that the Tribunal has not made provision for future loss of income. Unless definite evidence is adduced to the effect that the disability has impacted the earning skills and there has been a resultant loss of earning capacity, a provision for future loss of earnings cannot be made. I find no reason to interfere with the award.

The award is confirmed and the appeal is dismissed.