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Judgment
K. Kannan, J.—The appeal is for enhancement of compensation for injuries to the person aged 27/28 years who was a Lab Assistant in a College. The accident took place on 07.06.2002 and the evidence brought on record showed that there was a compression of 4th vertebra. He had been operated twice for his spinal injury as well for the fracture of his leg. He had been assessed to have a 5% disability. The Tribunal assessed a compensation of Rs. 10,000/-, making provision only for medical expenses and granting a compensation of modest sum of Rs. 4517/- and Rs. 1000/- for transportation.
I find the compensation assessed to be grossly low. A spinal injury that causes a compression of the vertebra ought to have a serious impact on a person who may have to stand long hours or set before gadget and it was bound to impact his work at the college as Lab Assistant. I would take the 5% permanent disability as also resulting in 5% loss of earning capacity. He stated that he had been earning Rs. 8000/- as Lab Assistant which ought to have been true. I reassess the compensation and tabulate the various heads of compensation as under:-
The overall compensation shall be Rs. 1,41,600/- and the additional compensation assessed will also attract interest @7.5% from the date of petition till the date of payment. The liability shall be on the insurance Company.
The award is modified and the appeal is allowed to the above extent.