SURENDRA KUMAR Vs. DINESH

JUDGEMENT

(1.) The appellant/petitioner sustained fracture of right tibia in a motor vehicle accident. The occurrence of accident, negligence of the driver of the offending vehicle and coverage of insurance is not in dispute. The petitioner has filed a claim petition for compensation and is in appeal seeking enhancement of compensation.

(2.) The petitioner was working as a Medical Sales Representative. The petitioner was paid a salary of Rs. 2,500/- with additional benefit of Rs. 1,100/- towards other incentives. Besides, he was paid Rs. 3,000/- as TA and DA for promoting sales and his net salary should be considered as Rs. 3,600/-and an amount of Rs. 3,000/- paid would be necessarily spent for TA and DA and it does not accrue as of income to the petitioner. The nature of work of the petitioner involve extensive travels, which involves physical movements. The fracture involved would result in disability at 10%. The said disability would affect his efficiency. The income loss proportionate to the disability would be Rs. 360/- per month. The petitioner is entitled to compensation of Rs. 40,000/- towards pain and agony, Rs. 15,000/- towards loss of amenities and future discomforts, The loss of dependency would be Rs. 360/- (income) x 12 (months) x 16 (multiplier) = Rs. 69,120/-. The petitioner was under treatment for about 17 days and operated. The medical bills are produced for Rs. 485/-. Hence it is just and proper to award compensation of Rs. 5,000/- towards medical and other incidental expenses and Rs. 1,000/- towards loss of income during treatment.

(3.) The petitioner in all entitled to a total compensation of Rs. 1,30,120/- as against Rs. 1,00,000/- awarded by the Tribunal. On the enhanced compensation, the interest payable would be at the rate of 6% p.a. from the date of petition till payment.