AI Structured Summary
Not yet generated for this judgment
Judgment
N. Ananda, J.—The matter is listed for admission. The lower court records are received. With the consent of learned counsel for parties, the matter is taken up for final disposal. I have heard learned counsel for parties.
As a result of the accident, left lower limb of claimant was amputed at ankle level. The claimant was working in a private factory. The Tribunal has assessed permanent physical disability at 18%. The Tribunal has determined income of claimant at Rs. 4,000/- per month to award compensation of Rs. 2,57,960/- under following heads:
In my considered opinion, assessment of disability by the Tribunal is on lower side. In terms of part II of schedule I of Workmen''s Compensation Act, 1923, amputation below knee with stump exceeding 12.70 cms would result in 50% loss of earning capacity. Therefore, claimant is entitled to compensation of Rs. 3,36,000/- (Rs. 4,000/- x 12 x 14 x 0.50) towards loss of earning capacity and future loss of earnings. The Tribunal awarded compensation of Rs. 10,000/- towards loss of amenities. The claimant cannot walk independently He cannot stand on his own. The claimant has to suffer with this disability during the rest of his life time. Therefore, I award additional compensation of Rs. 40,000/- towards loss of amenities. Thus, claimant is entitled to total compensation of Rs. 5,13,000/-. In the result, I pass the following:
ORDER
The appeal is accepted in part. The impugned award is modified.
Compensation of Rs. 2,57,960./- awarded by the Tribunal is enhanced to Rs. 5,13,000/.
The compensation enhanced in terms of this judgment and the accrued interest shall be invested in the name of claimant in fixed deposit in any nationalized bank for a period of five years. He shall be authorized to draw the accrued interest.