LAWS(DLH)-2011-12-319

BHOPAL SINGH Vs. VIJAY BIR SINGH

Decided On December 08, 2011
BHOPAL SINGH Appellant
V/S
Vijay Bir Singh Respondents

JUDGEMENT

(1.) THIS Appeal is for enhancement of compensation in respect of the injuries suffered by the Appellant in an accident which took place on 03.09.1986. The Appellant 's right hand was crushed on account of injuries suffered. There was amputation above elbow resulting into 70% permanent physical disability in respect of right upper limb.

(2.) THE Appellant was working as a daily wager at that time and earning Rs. 21.60P per day i.e. about Rs. 475/ - per month. By impugned award, the Tribunal computed the loss of income at 70% of Rs. 475/ - per month and applying the multiplier of 16, computed the loss of earning capacity to Rs. 64,000/ -. A sum of Rs. 6,000/ - was awarded towards general damages. The total compensation was, thus assessed by the Tribunal as Rs. 70,000/ -

(3.) THE Appellant examined himself as PW1 during inquiry before the Tribunal. He stated that on the date of recording his statement, he was working with Flood Control Department and was getting a salary of Rs. 2423/ - per month. At the time of hearing of this Appeal, Appellant 'sstatement was recorded. He testified that his service was terminated on the date of the accident i.e. 03.09.1986 and he was taken back on the job on 11.11.1987. Thus, he remained without employment for a period of about one year and two months.