P C THANKAPPAN Vs. K K JOHN

JUDGEMENT

(1.) CLAIMANT is the appellant. He claimed compensation for personal injuries suffered by him in a motor accident that took place on 19.02.1998 against a total claim of Rs.1.5 lakhs, the Tribunal awarded an amount of Rs.28,059/- as per the details shown below:

(2.) THE learned counsel for the appellant challenges the quantum of compensation awarded. THE appellant was aged about 40 years. He underwent treatment at the Medical College Hospital, Kottayam, from 19.02.98 to 26.02.1998. He had suffered fracture neck of humerus left side, open fracture dislocation metacarpo phalangeal joint of left index finger, fracture proximal phalanx of index finger and fracture 3rd and 4th metacarpal and styloid process of radius left side. He was treated by surgery and plaster cast application. After discharge, he was directed to continue treatment as an outpatient. He had allegedly suffered physical disability as a result of the injuries. THE percentage of disability is assessed by the doctor at the Medical College to be 11% as per the Mc brides scale. THE following are the items of alleged disability suffered by him.

(3.) EXT.A8 disability certificate shows that 11% physical disability has been suffered. The said doctor has not been examined . The appellant is stated to be a company worker. At any rate, there is significant of absence of evidence to show that the alleged physical disability must have impaired the earning capacity of the appellant. The Tribunal, in these circumstances, cannot be found fault with for not adopting the multiplier- multiplicand method to ascertain the reduction in earning capacity. The Tribunal did factually note that there was physical disability suffered. EXT.A8 gives an indication about the nature of the disability. The appellant was a person, aged about 40 years. Even assuming that the disability would not lead to reduction in earning capacity, an appropriate amount of compensation ought to have been awarded under the head of compensation for physical disability/loss of amenities/impairment in the quality of enjoyment of life. Only an amount of Rs.15,000/- has been awarded and we feel that an amount of Rs.30,000/- can be fixed as compensation under this head.