NEW INDIA ASSURANCE CO. LTD Vs. DATTARAYA

JUDGEMENT

(1.) AT the request of both counsels, the matter is taken up for final disposal. MFA 5659/2006 has been filed by the insurer questioning the excessive grant of compensation to the claimant and MFA Crob 114/2008 filed by the claimant seeking enhancement. The accident and the liability are admitted.

(2.) THE claimant is said to be a contractor by profession. He has produced documents at Ex.P-90 to P- 100 which pertains to contract work said to be executed by him. He claims his monthly income at Rs.10,000.00 but the Tribunal held his monthly income at Rs.4,000.00, since the accident was of the year 2002. Based on the evidence of the Doctor-PW.2 who has assessed the limb disability at 40% to 45%, the Tribunal considered at 15% to the whole body disability. Multiplier 15 was held and Rs.1,08,000.00 was granted towards loss of future earnings. So far as income and the percentage of disability is concerned there is no error that calls for interference. However, based on the Judgment of the Hon'ble Supreme Court as per SARALA VERMA CASE the appropriate multiplier in this case is 16, since the claimant is said to be 34 years on the date of the accident. Hence, the proper multiplier would be Rs.16'. Hence, the claimant is entitled compensation on the head of loss of income due to disability as follows: Rs.4000.00 x 12 x 16 x 15% = Rs.1,15,200.00 Due to the injuries he would require atleast six months to recover from the said injuries. Hence a sum of Rs.24,000.00 (Rs.4000.00 x 6) is granted towards loss of earning during treatment period. A sum of Rs.45,000.00 awarded towards pain and suffering, is enhanced by a further sum of Rs.15,000.00. Towards loss of amenities a sum of Rs.25,000.00 awarded is enhanced by a further sum of Rs.10,000.00. The amount awarded towards rest of heads are appropriate and undisturbed. <FRM>JUDGEMENT_6_TLKAR0_2013html1.htm</FRM> In all the compensation is enhanced by a sum of Rs. 44,200.00(Rs. 3,47,400.00 less Rs.3,03,200.00) which shall carry interest at the rate of 6% p.a. from the date of the Petition till the date of payment and shall be paid within a period of 4 weeks from the date of receipt of copy of this order. The amount in deposit is directed to transmitted to the Commissioner for Workmen's compensation. In view of the enhancement, the insurer's appeal stands dismissed. Consequently, both the appeals are disposed off in the aforesaid terms.