SUNDARAN Vs. SHAJU

JUDGEMENT

(1.) Can the course adopted by a claimant of merely thrusting the disability certificate into court be reckoned as sufficient to prove the disability suffered or extent thereof This is the short question that arises for consideration in this appeal.

(2.) The appellant/claimant suffered injuries in a motor accident, which took place on 1.4.2001. He claimed a total amount of Rs. 2,24,500/- as compensation. The Tribunal by the impugned award directed payment of an amount of Rs. 42,000/-as compensation as per the details given below:

(3.) We have heard the learned counsel for the appellant. Challenge is directed only against the quantum of compensation awarded. Called upon to explain and be specific, the learned counsel for the appellant raises the precise contention that no adequate compensation has been awarded for the disability suffered by the claimant. It is true that an amount of Rs. 6,000/-has been awarded under the composite head of compensation for disability including loss of earning power, loss of amenities and discomfort. This amount awarded is insufficient. No compensation has been calculated adopting the multiplier multiplicand method. There is no specific reference to the extent of disability and the impact of disability in the enjoyment of life. In these circumstances, the impugned award deserves interference; the compensation deserves to be enhanced, contends counsel.