MOHD RAFIQ Vs. SATBIR SINGH

JUDGEMENT

(1.) THE Appellant seeks enhancement of compensation of Rs.45,000/- awarded for having suffered multiple fractures in the right leg bone and injuries on various other parts of the body resulting into permanent disability to the extent of 40%, in an accident which occurred on 18.9.1992. THEre were shortening of left lower limb by an inch. THE Appellant claimed a compensation of Rs.5,90,000/-. THE Claims Tribunal by the impugned order awarded a lump sum compensation of Rs.15,000/- towards treatment, conveyance, special diet, pain and suffering and a sum of Rs.30,000/- towards permanent disability.

(2.) IT is urged by learned counsel for the Appellant that the compensation awarded is too low and niggardly.

(3.) IN Raj Kumar v. Ajay Kumar & Anr, 2011(1) SCC 343, the Supreme Court held that the compensation awarded in case of injury should to the extent possible adequately restored to the Claimant to the position prior to the accident. The Supreme Court considered in great detail the co-relation between physical disability suffered in an accident and the loss of earning capacity resulting from it. Paras 5, 6, 10, 11 and 13 of the report are extracted hereunder: