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Judgment
Subhash B. Adi
This appeal is by the insurer questioning the quantum of compensation awarded in MVC No.5887/2006. The Tribunal has awarded compensation of Rs.3,32.000/- with interest at 6% p.a. from the date of petition till the date of payment. The claimant had suffered segmental fracture of both bones of left leg. He claims that he is a mason earning Rs.8,000/- per month. The Doctor has stated that there is disability of 32% to the limb. The Tribunal has assessed the functional disability at 20% without due regard to the medical evidence. There is no evidence as to the income of the claimant. However, it has taken the income of Rs.5.000/-per month and has awarded the compensation as under:
Sl. No.
Amount Rs.
1
Pain and suffering
60,000
2
Loss of amenities
40,000
3
Medical treatment (inclusive of incidental expenses)
20,000
4
Loss of earning during laid up period (Rs.5000 x 4)
20,000
5
Loss of future earning capacity due to 20% functional disability
1,92,000
Total
3,32,000
What appears from the determination of compensation is that the learned Judge has tried to be more liberal than necessary and wanted to give more compensation to the claimant without due regard to the evidence on record. No doubt the claimant had suffered fracture of both the bones of left leg. Even assuming that there is disability at 30% to the limb. at best it should have been taken at 10% though there is no evidence in regard to functional disability. Treating the claimant as a coolie the accident being of the year 2006. I find that Rs.4,000/- can be taken as income and 10% disability and the claimant is entitled to Rs.76,800/- (400 x 12 x 16) as against. Rs. 1,92,000/On the head of pain and suffering, Rs. 60.000/- is awarded and the same is reduced to Rs. 30,000/- and towards loss of amenities, the same is reduced to Rs. 20,000/-. However towards incidental expenses, Rs. 5,000/ is awarded. Under the head of loss of income during laid up period, the same is reduced to Rs. 16,000/-. Accordingly, the compensation is reduced by Rs. 1,64,200/-. The appeal is allowed in part. The claimant is entitled to compensation of Rs. 1,67,800/- with interest. The amount in deposit may proportionately be transferred to the Tribunal.