SHIV LAL PASWAN Vs. HARSHIT NAGPAL & ORS

JUDGEMENT

(1.) Impugned Award of 1st February, 2017 grants compensation of Rs. 3,82,702/- with interest @ 10 % per annum to appellant-Shiv Lal Paswan (hereinafter referred to as "Injured"), aged 36 years, working as COMI-I with Haldiram Ethnic Food Pvt. Ltd., who had suffered grievous injuries in a vehicular accident, which took place on 19th October, 2013. The facts, as noticed in the impugned Award, are as under:-

(2.) To render the impugned Award, learned Motor Accident Claims Tribunal (henceforth referred to as "the Tribunal" has relied upon evidence of Injured- Shiv Lal Paswan and other evidence on record. The Tribunal has noted in the impugned Award that Injured- Shiv Lal Paswan had suffered 22% permanent disability and has assessed the functional disability to be 11%. The Tribunal has also noticed that on the day of the accident, Injured- Shiv Lal Paswan was drawing salary of Rs. 11,160/- per annum. Multiplier of 15 has been applied by the Tribunal and the "loss of earning capacity" has been assessed at Rs. 2,20,968/-. The breakup of compensation awarded by the Tribunal to the Injured is as under:-

(3.) In this appeal, enhancement in the quantum of compensation awarded by the Tribunal is sought by Injured- Shiv Lal Paswan on the ground that the compensation granted is inadequate. It is submitted that the Tribunal has erred in not making any addition towards "future prospects" of Injured- Shiv Lal Paswan, whereas in view of Supreme Court's Constitution Bench decision in National Insurance Co. Ltd. Vs. Pranay Sethi and Others., (2017) 16 SCC 680, addition of 50% towards "future prospects" ought to be made, as due to the permanent disability suffered by the Injured, his "future prospects" have been adversely affected. In support of above submissions, reliance is placed upon Supreme Court's decisions in Jagdish Vs. Mohan and Others., (2018) 4 SCC 571 and in Civil Appeal No. 6071/2018 Shashi Chandan Vs. Ramesh Chander & Another., rendered on 5th July, 2018.