GIRISH KUMAR SHUKLA Vs. MOHD WASEEM & ORS

JUDGEMENT

(1.) The appellant, then 46 years old, had suffered injuries in a motor vehicular accident that took place on 07.10.2009, due to negligent driving of bus bearing registration no. DL 1PB 6076, which was admittedly insured against third party risk with the third respondent (insurer) for the period in question. The injuries suffered included compound grade III fracture of both bones of the right leg. The treatment that was undergone included surgical procedure wherein the fracture was treated with fixation of external fixator besides skin grafting. The tribunal found in the inquiry that the claimant has been rendered permanently disabled, his functional disability being assessed to the extent of 21%. It also returned a finding that the accident was caused due to negligent driving of the bus by the first respondent, awarded compensation in the total sum of Rs. 5,98,650/-, fastening the liability on the insurer to pay, though granting it recovery rights against the second respondent (insured) for the reason the first respondent was not holding a valid or effective driving licence at the time of the accident. The compensation includes, Rs. 2,26,044/- towards loss of earning capacity on account of disability arising from the injuries and Rs. 1,16,573/- towards medical expenditure.

(2.) The appeal seeking enhancement is pressed by the claimant on the ground that in calculating the future earnings due to disability, the tribunal did not add the element of future prospects of increase in income. It is noted that the claimant was in service of a private company at a salary of Rs. 6900/- per month. Having regard to the terms and conditions of engagement (as proved by appointment letter Ex.PW-3/5) it is clear that the employment was regular and permanent. Having regard to the age at which the disability was suffered, the future prospects to the extent of 30% deserve to be added [see judgment of the Constitution Bench of the Supreme Court rendered on 31.10.2017 in SLP (C) 25590/2014, National Insurance Company Ltd. Vs. Pranay Sethi and Ors.].

(3.) Thus, the loss of earning capacity due to disability is recalculated as (6900 x 130 100 x 21 100 x 12 x 13) Rs. 2,93,857.20 rounded off to Rs. 2,93,857/-. In this view, the amount of compensation under this head needs to be increased by (2,93,857/- 2,26,044/-) Rs. 67,813/-.