ASHOK NARAIN KHANNA Vs. VISVANATH

JUDGEMENT

(1.) THE Appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 1,15,000/ - has been awarded to the Appellant. The Appellant seeks the enhancement of award amount.

(2.) THE accident dated 22nd January, 1999 resulted in the grievous injuries to the Appellant. The Appellant lost vision in left eye. The permanent disability has been assessed to be 30% as per the disability certificate issued to the Appellant by Dr. Ram Manohar Lohia Hospital. The learned Tribunal took the permanent disability in respect of the total body as 15% and applied the multiplier of 11 to compute the loss of dependency at Rs. 79,200/ - rounded off as Rs. 80,000/ -. The learned Tribunal has awarded Rs. 20,000/ - towards loss of enjoyment of life and pain and suffering, Rs. 6,000/ - towards medical expenses, Rs. 4,000/ - towards conveyance charges and Rs. 5,000/ - towards special diet. The total compensation awarded is Rs. 1,15,000/ -.

(3.) THE Appellant is present in Court and he has lost vision in left eye. The permanent disability of the Appellant has been assessed as 30% by Dr. Ram Manohar Lohia Hospital. The Appellant was doing the work of screen printing before the accident, which he is unable to do any more. Considering the fact that the Appellant has lost his left eye, the permanent disability for whole body is taken up 30%. The Appellant is entitled to Rs. 1,58,400/ - (Rs. 4,000 x 12 x 11 x 30%) towards loss of earning capacity due to permanent disability. The learned Tribunal has awarded Rs. 6,000/ - for medical expenses which is on a lower side. No compensation has been awarded for disfiguration. The compensation for medical expenses is enhanced from Rs. 6,000/ - to Rs. 20,000/ -, Rs. 20,000/ - is awarded for loss of amenities of life and Rs. 20,000/ - is awarded for disfiguration. The Appellant is entitled to total compensation of Rs. 2,47,400/ - (Rs. 1,58,400 + Rs. 20,000/ - + Rs. 20,000/ - + Rs. 20,000/ - + Rs. 20,000/ - + Rs. 4,000/ -+ Rs. 5,000/ -).