KISHANSINGH Vs. SARDAR KHAN

JUDGEMENT

(1.) BEING aggrieved by the award dated 30.7.2010 passed by Second M.A.C.T., Jaora, District Ratlam in Claim Case No. 24 of 2010 whereby learned Tribunal awarded a total sum of Rs. 5,47,246 with interest to the claimant by way of compensation for the injury which he sustained in an accident. According to claimant, i.e., appellant herein, the compensation awarded is on lower side and hence, needs to be enhanced. It is for enhancement in the compensation awarded by the Tribunal that the claimant has filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in the compensation awarded and, if so, to what extent?

(2.) IT is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation, etc. It is for the reason that firstly all these findings are recorded in favour of the claimant by the Tribunal. Secondly, none of these findings though recorded in claimant's favour are under challenge at the instance of any of the respondents such as owner/driver or insurance company either by way of cross-appeal or cross-objection. In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues.

(3.) LEARNED counsel for the appellant submits that appellant sustained fracture of scapula bone and also crush injuries in right foot. It is submitted that right leg of the appellant was amputated from below knee. It is submitted that as per Medical Board permanent disability was of 90 per cent which has wrongly been assessed by the learned Tribunal as 28 per cent of the whole body. It is submitted that on all the heads amount awarded is on lower side. It is submitted that income of the appellant was assessed at Rs. 3,000 per month while no income from agricultural land has been taken into consideration. Learned counsel placed reliance on a decision of Hon'ble Apex Court in the matter of Kumaresh v. Divisional Manager, National Insurance Co. Ltd., 2011 ACJ 1975 (SC), wherein injured was aged 20 years and was working as building centering worker drawing Rs. 6,000 per month whose leg was amputated below knee. The Tribunal assessed permanent physical disability as 70 per cent of right leg which is about 35 per cent to the whole body and as per Schedule I to the Workmen's Compensation Act loss of earning capacity due to amputation below knee is at 50 per cent. Tribunal awarded compensation of Rs. 2,81,200 and appellate court assessed income at Rs. 3,500 per month and loss of earning capacity at 50 per cent and awarded Rs. 3,78,000 for loss of earning capacity. The Apex Court enhanced the compensation to Rs. 10,00,000. It is submitted that looking to the injuries sustained by the appellant, amount awarded by the learned Tribunal is on lower side which deserves to be enhanced by allowing the appeal filed by the appellant.