INDERJEET SINGH Vs. DINESH CHAWLA

JUDGEMENT

(1.) THE Appellant seeks enhancement of compensation for the injuries suffered by him in an accident which took place on 31.03.1989. THE Appellant suffered fracture of tibia apart from other injuries. As per the disability certificate Ex.PW6/2, the Appellant got permanent disability to the extent of 25% pertaining to the lower limbs. THE certificate Ex.PW6/2 is extracted hereunder: -

(2.) IT is urged by the learned counsel for the Appellant that although the Appellant was compensated for the compensation for the loss of leave, but he was not awarded any compensation for the loss of amenities in life. The compensation awarded towards pain and suffering and conveyance charges was low. No compensation was awarded towards special diet and for engaging an attendant.

(3.) CONSIDERING the nature of injuries, the Tribunal declined to grant any compensation on account of special diet on the ground that the doctor had not specifically prescribed any special diet. CONSIDERING the nature of injuries and the long duration of the treatment, the Appellant needed to be compensated by awarding some compensation for special diet. It is evident that the Appellant was an officer aged 45 years at the time of the accident. As per the disability certificate, he cannot sit cross legged; cannot squat, cannot run or jump. He would have to live with this disability throughout his life. Thus the compensation awarded towards pain and suffering needs to be enhanced. CONSIDERING the duration of treatment right from 31.03.1989 till 15.06.1991 and then thereafter, the Appellant claimed conveyance charges @ Rs.2,000/- to 3000/- per month. A lump sum compensation of Rs.3,000/- awarded was on the lower side.