BHAGA Vs. G M KSRTC

JUDGEMENT

(1.) Though this matter is listed for admission it is taken up for final disposal with the consent of the learned Counsel on both sides.

(2.) THE appellant was the claimant before the Tribunal and she has sought for recovery of compensation in respect of injuries sustained by her in motor vehicle accident involving B.T.S. bus No. MEF -1033 on 14.3.1989. The Tribunal awarded a compensation of Rs. 34,000/ - and being aggrieved by the inadequacy of the compensation awarded, the claimant has preferred this appeal seeking enhancement of the same. - -

(3.) UNDISPUTEDLY the claimant was coolie and the dorsi flexion and plantar flexion of the particular limb were painful and the Doctor has also opined that it has left 25% permanent disability on account of mal -union of the fracture. No other evidence is necessary to show that this disability would affect the future earnings of the claimant. Even taking the earnings of the claimant at a minimum of Rs. 500/ - per month and taking the loss of income at Rs. 125/ - per month, on account of 25% disability, the annual loss would be Rs. 1,500/ - and applying 14 as the operative multiplier, the loss of future earning must be quantified at Rs. 21,000/ - The disability would also affect the future amenities of the claimant cannot also be disputed. Therefore taking note of that it appears to us that the compensation awarded to the claimant should be enhanced by Rs. 25,000/ -.