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Judgment
Not satisfied with the quantum of compensation of Rs.33,03,453/- with
interest at the rate of 7.5% per annum, from the date claim till deposit and
costs, to the injured, aged about 38 years, an Irrigation and Plumbing
Supervisor, who suffered 70% disablement, due to the crush injury, resulting in
amputation of left leg, has filed the instant appeal for enhancement of
compensation, and restricted to Rs.20,00,000/-.
Going through the award and material on record, we could deduce
that appellant/injured was hospitalised between 21.09.2011 and 11.10.2011 in
Pondicherry-PIMS Hospital. Income claimed was 350 Kuwait Dinars. Supporting
avocation and salary, the appellant/injured has marked Ex.P.17, copy of the
Passport, Ex.P18, Return Air Ticket to Kuwait, Ex.P19, Salary certificate for 320
Kuwait Dinar, Ex.P20, copy of Employment ID Card, Ex.P22, letter of the
employer removing from service and Ex.P23, Order sanctioning, terminal
benefits to the appellant/injured.
On the basis of oral and documentary evidence, the tribunal fixed the
monthly income as Rs.20,000/-. Finding that there is a permanent
disablement, due to amputation of left leg, and correlating the same, with
employment, the tribunal has awarded compensation of Rs.33,03,453/-, with
interest at the rate of 7.5% per annum, from the date of claim till deposit.
On the appeal filed for enhancement of compensation, we have
requested the learned counsel for both parties to consider the various heads
under which compensation could be enhanced, on the principle of just
compensation.
Going through the same, learned counsel for the parties on consensus
agreed that compensation awarded by tribunal should be enhanced to
Rs.51,90,453/-, as hereunder:
Monthly Income is fixed at : Rs.25,000/-
Future prospects 50% : Rs.12,500/-
Total income : Rs.37,500/-
Loss of Income
[Rs.37,500/- x 12 x 15 x 70%] : Rs.47,25,000/-
Pain and suffering : Rs. 1,50,000/-
Attender charges : Rs. 30,000/-
Extra Nourishment : Rs. 30,000/-
Medical Bills : Rs. 2,05,453/-
Transport based on Exs.P16 & P27 : Rs. 50,000/-
Total : Rs.51,90,453/- Compensation awarded by the Tribunal : Rs.33,03,453/-
In the light of consensus, amount is enhanced by : Rs.18,87,000/-
In the light of consensus arrived, appellant/injured is entitled to an
enhanced compensation of Rs.51,90,453/- as against Rs.33,03,453/-, awarded
by the tribunal, with interest, at the rate of 7.5% per annum, from the date
claim till deposit.
In view of the above, we direct Future General India Insurance
Company, Trichy, the 2nd respondent herein, to deposit the enhanced amount
of Rs.51,90,453/-, with interest, at the rate of 7.5% per annum, from the date
of claim till deposit and costs, less the statutory deposit, to the credit of
MCOP No.343 of 2011 on the file of Motor Accidents Claims Tribunal (Principal
Sub Court), Vridhachalam, within a period of four weeks from the date of
receipt of a copy of this order. On such deposit, the appellant/claimant is
permitted to withdraw the same, by making necessary applications before the
tribunal.
The Civil Miscellaneous Appeal is allowed as indicated above. No
costs.