ORIENTAL INSURANCE CO LTD Vs. A MOHAN

JUDGEMENT

(1.) The Appeal is for reduction of compensation of Rs. 4,61,967 awarded to the Appellant for having suffered grievous injuries in an accident which occurred on 7.7.2007. By the impugned judgment the Claims Tribunal awarded a compensation of Rs. 4,61,967 under various heads as mentioned in para 11 of the judgment which is extracted hereunder:

(2.) The only ground of challenge during the course of the arguments is that the First Respondent has been awarded a compensation of Rs. 3,09,972 on account of loss of earning capacity, although there is no evidence that the Appellant suffered any loss of earning capacity. It is stated that the Appellant was employed as a room attendant in Hotel Maurya. He continued his employment with the said hotel. No evidence was led that his salary/income was affected and thus a sum of Rs. 3,09,972 is required to be deducted from the compensation awarded.

(3.) On the other hand, it is submitted by the learned Counsel for the Appellant that a certificate Ex. PWl/11 issued by Shakuntala Nursing Home clearly showed that his left knee was stiff (full extension to 80 decree flexion). This certificate was not challenged by the Appellant. The first Respondent suffered a loss on account of the fact that at the time of the accident, he was working as a room attendant and was getting tips. Although his salary was not affected, but, he lost on tips given by the customers, as after the accident he was posted in the accounts department.