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Judgment
Delay condoned.
Leave granted.
Heard learned Counsel for the parties.
By the impugned order, the High Court has reduced the total amount of compensation in the sum of Rs. 2,04,800/- awarded by the Tribunal to Rs. 1,07,000/-. The reason assigned by the High Court for reducing the quantum of compensation is stated in para 9 of the impugned order thus:
In any event, even notionally taking income of a coolie Rs. 30/- per day and by applying multiplier 15 it comes to Rs. 1,50,000. 50% disability comes to Rs. 75,000/-. I am therefore inclined to grant Rs. 75,000/- in place of Rs. 1,72,800/- and adding Rs. 32,000/- under other conventional heads, the total compensation to which the claimant entitled to would be Rs. 1,07,000/-.
After hearing learned Counsel for the parties, we find that the High Court committed a gross error in ignoring the fact that the claimant was a coolie doing manual labour for earning his livelihood. As a result of the accident his one arm was amputated which was almost total disability for earning. In such a situation, to reduce the quantum of compensation by treating disability at 50% was uncalled for. The Tribunal has in fact assessed the disability at 80%.
Consequently, we allow this appeal, set aside the order of the High Court and restore the award made by the Motor Accidents Claims Tribunal.
There shall be no order as to costs.
Appeal allowed.