LUXMI Vs. MOHINDER PRASAD

JUDGEMENT

(1.) The appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 3,56,427/- has been awarded to the appellant. The appellant seeks enhancement of the award amount.

(2.) The accident dated 25th May, 2007 resulted in grievous injuries to the appellant. The appellant was alighting from bus bearing No. DL-1P/B-4865 at the bus stop when the driver moved the bus due to which the appellant fell down. The appellant suffered amputation of all five fingers of left lower limb, loss of heal pad, crush injury and degloving injury over left foot, abrasions over right elbow and right knee, whole skin of the foot below ankle joint (Dorsal + Plantar) degloved and blunt injuries all over body. The disability of the appellant has been assessed to be 70% as per disability certificate - Ex.PW4/A.

(3.) The appellant was working as a cook drawing salary of Rs. 4,000/- per month. In the absence of sufficient proof of income, the learned Tribunal took the minimum wages of Rs. 3760/-, added 50% towards the inflation and rise in price index, deducted 1/3rd towards her personal expenses and took the loss of earning capacity as 40% to compute the compensation for loss of earning capacity as Rs. 2,88,768/-. Rs. 7659/- has been awarded towards medical treatment, Rs. 10,000/- towards conveyance and special diet, Rs. 50,000/- towards pain and suffering and loss of amenities of life. Total compensation awarded is Rs. 3,56,427/-.