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Judgment
The appellant has challenged the order of the Claims Tribunal whereby the compensation of Rs.12,20,115/- has been awarded to respondent No.1.
The accident dated 25th November, 2007 resulted in 19% permanent disability relating to right lower limb of respondent No.1. Respondent No.1
was a milk seller and he used to sell milk on bicycle. Since respondent No.1 was unable to paddle the bicycle, the Claims Tribunal took the functional
disability as 50%. The Claims Tribunal awarded loss of earning capacity of Rs.7,65,000/- by taking the income of respondent No.1 as Rs.8,500/- and
applying the multiplier of 15. The Claims Tribunal awarded Rs.3,115/-towards medical expenses, Rs.25,000/- towards special diet, Rs.25,000/-towards
conveyance, Rs.1,02,000/- towards loss of income for 12 months, Rs.1,50,000/- towards pain and sufferings and Rs.1,50,000/- towards loss of
amenities and enjoyment of life. The total compensation awarded by the Claims Tribunal is Rs.12,20,115/-.
Learned counsel for the appellant urged at the time of hearing that the functional disability of respondent No.1 has been taken on a higher side. It is
further submitted that compensation awarded for pain and suffering, and loss of amenities of life is also on a higher side. It is further submitted that the
counsel fee of Rs.77,000/- awarded by the Claims Tribunal is not warranted.
Learned amicus curiae submits that the Claims Tribunal has not taken the future prospects into consideration for computing the loss of earning
capacity.
Respondent No.1 is present in Court and his condition has been seen. Respondent No.1 submits that he is unable to do any work due to the
permanent disability.
This Court is of the view that there is no infirmity in the 50% functional disability taken by the Claims Tribunal. The compensation under the heads
of pain and suffering and amenities of life is reduced from Rs.3,00,000/- to Rs.2,00,000/-. The counsel’s fee of Rs.77,000/- was not warranted and
is set aside. The Claims Tribunal has not awarded future prospects to respondent No.1. The amount of Rs.1,77,000/- reduced above, be treated as the
compensation on account of the future prospects while computing the loss of earning capacity.
The compensation of Rs.12,20,115/- awarded by the Claims Tribunal does not warrant any interference for the reasons given above.
The appeal is dismissed.