RAVI SHANKAR AGARWAL Vs. SHAIK SHAH VALI

JUDGEMENT

(1.) THIS appeal is filed by the claimant praying for enhancement of compensation. In the accident that occurred on 8.7.2004, the claimant suffered following injuries:

(2.) THIS is a case of permanent physical disability. The doctors PWs.2 to 4, who treated the claimant in the Manipal Hospital have deposed before the Court supporting the case of the claimant. According to the version of the doctors, the claimant has suffered 90% disability to the whole body. Though the Tribunal has correctly concluded that there is nothing on record to doubt the versions of the doctors, has erroneously scaled down the disability to 70% from 90%, as deposed by the doctors.

(3.) THE Tribunal, while quantifying compensation at Rs. 19,40,300/ -, awarded only Rs. 25,000/ - under the head 'loss of amenities' and awarded a sum of Rs. 1,25,500/ - under the head 'pain and sufferings', which appears to be too meager in the facts and circumstances of the case. The claimant must have suffered lot of pain and agony. He has to suffer all though his life. He was just 41 years at the time of accident. He was a Structural Engineer by profession. He cannot enjoy either marital life or otherwise throughout. He will have to suffer both physically and mentally depending upon third parties. Hence, we propose to award Rs. 5,00,000/ - under the head 'loss of amenities', and a sum of Rs. 5,00,000/ - under the head 'pain and sufferings. The records reveal that the claimant has suffered loss of 26 (Twenty -six) teeth. Virtually he is now teeth -less.