Manoj Kumar vs Satbir Singh and Others

K.C. Puri, J.—This is an appeal directed by Manoj-injured against award dated 29.2.2008 for enhancement of compensation.

Learned Tribunal after adjudication, accepted the claim petition and claimant was held entitled to claim Rs. 1,56,000/- on account of injuries sustained by him. An amount of Rs. 6 1,953/- was allowed on account of actual expenses on medicines. An amount of Rs. 84,000/- was granted on account of permanent disability. An amount of Rs. 10,000/- was granted on account of transportation, special diet, pain and mental agony and loss of income.

Learned Counsel for the appellant has submitted that the amount of compensation awarded is on lower side and has contended that left ear of the claiment was completely chopped of. He suffered a fracture of forearm. There was permanent disability to the extent of 42% and there was complete weakness of right shoulder and right elbow and partial weakness of right hand with malunion of fracture of clavicle with altered sensations. So, it is contended that the amount granted in respect of pain and suffering, transportation etc. to the extent of Rs. 10,000/- in on lower side. He has also relied upon the authority reported as Binoti Patnaik v. State of Madhya Pradesh and Ors. : 2003 ACJ 508 and has submitted that in the said authority an amount of Rs. 2,85,000/- was granted by the Appellate Court. An amount of Rs. 2 lacs was granted on account of disability to the extent of 40%. Rs. 75,000/- was granted on account of pain and suffering. He has further relied upon the authority reported as Praveen Vs. Raj Kumar Kakkar and Others, . It is submitted that in the said authority Rs. 3,48,000/- was granted where there was permanent disability of 20% only.

Learned Counsel for the respondents have supported the judgment of the Tribunal.

I have considered the submissions made by both the sides and have also gone through the record of the case.

In Binoti Patnaik''s case (Supra), the claimant was aged 27 years. She suffered fracture of left tibia bone, injured was hospitalized for two month on two occasions and underwent 6 operations in which skin grafting was undertaking and nailing was done. She was confined to bed for 8 months. In Praveen''s case (Supra) injured was a married lady and was working as a teacher. She suffered injury on hand, shoulder, foot and spine. There was fractures on left humerus shaft, left clavicle, vertebrae, right foot and right shoulder and she was incapacitated to perform her duties as a teacher. Working of amount of compensation is to be assessed in respect of injuries sustained by a person.

So far as, the facts of the present case are concerned, the claimant Manoj Kumar suffered 42% disability. As per disability certificate, there was complete weakness of right shoulder and right elbow and partial weakness of right hand with malunion of fracture of clavicle with altered sensations. So far as argument advanced by learned Counsel for the appellant that left ear was completely chopped off, is concerned, from the disability certificate it is revealed that the ear has been set right by applying stitches.

In this case an amount of Rs. 10,000/- has been allowed on account of transportation, special diet, pain and mental agony and loss of income, which is on lower side. The amount in this regard is calculated as under:

Pain and suffering - Rs. 40,000/-

Special diet - Rs. 10,000/-

Transportation & Misc. expenses - Rs. 10,000/-

So, the amount stands enhanced to Rs. 60,000/- instead of Rs. 10,000/- on account of pain and suffering, special diet and transportation. The amount of Rs. 84,000/- granted on account of permanent disability is also on the lower side. As discussed above, there was complete weakness of right shoulder and right elbow and partial weakness of right hand with malunion of fracture of clavicle with altered sensations. So, that amount under the said head stands enhanced to Rs. 1,50,000/-. So, in this manner, the claimant is held entitled to claim Rs. 1,16,000/- more in addition to the amount awarded by the Tribunal. The enhanced amount of Rs. 1,16,000/- shall also carry interest @ 7% per annum from the date of filing of appeal till payment. The liability to pay the enhanced amount shall be the same as awarded by the Tribunal.

The appeal stands disposed of.

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