ORIENTAL INSURANCE CO LTD Vs. G B RAVI

JUDGEMENT

(1.) This appeal is by the insurer challenging the quantum of compensation awarded by the Tribunal. The Tribunal awarded total compensation of Rs. 3,93,200.00 for the injuries sustained by the first respondent inthe accident that occurred on 19-12-2005. The claimant had sustained fracture of left ankle and surgery was done. He suffered 22% disability to the whole body. He was working as Library Assistant in an Engineering College. The Tribunal took the monthly income of the claimant at Rs. 6,200.00 per month. Taking into consideration his termination from service and applying the multiplier 18, the Tribunal awarded a sum of Rs. 2,94,624.00 towards future loss of income.

(2.) The sole contention rightly urged by learned counsel for the appellant is that the claimant applied for 15 days leave and thereafter extension of leave was not sought for. On account of his unauthorised absence, he was terminated from service and not because of partial disability. Therefore, the future loss of income awarded by the Tribunal is excessive and warrants reduction.

(3.) Having regard to the nature of injuries sustained, the period of treatment undergone by the claimant and the totality of the circumstances, in my view, if the total compensation is reduced to Rs. 3,70,000.00, the ends of justice would be met. Accordingly, the appeal is partly allowed. The judgment and award of the Tribunal is modified reducing the compensation to Rs. 3,70,000.00 with interest at 6% p.a from the date of petition till the date of realisation.