AJAY SINGH KUSHWAHA Vs. BENJAMIN FRANKLIN

JUDGEMENT

(1.) THIS appeal is filed by the claimant for enhancement of compensation against the award dated 11th February, 2008 passed by learned III Additional Member M.A.C.T., Indore in claim case No. 141/ 2007 whereby the learned Claims Tribunal has awarded a sum of Rs. 3,73,000/ - as compensation with interest @ 9% from the date of application till its realisation to the claimant.

(2.) LEARNED Counsel for the appellant drew my attention to Paragraph 34 of the impugned award and submitted that on the basis of bed -head ticket, discharge card and other documents the learned Tribunal has awarded a sum of Rs. 1,68,000/ - towards medical expenses and Rs. 55,000/ - towards conveyance, special diet etc -etc. He very fairly conceded that the amount awarded under these heads is just and proper. He also drew my attention to Paragraph 36 of the impugned award and submitted that due to the accident the appellant sustained multiplier fracture of tibia fibula bone and other injuries and as per Ext -P/30, permanent disability certificate issued by Dr. Ashutosh Verma (AW. 5) the appellant has suffered 68% permanent disability. He submitted that the disability of the total body of the appellant is to the extent of 30%. He further submitted that at the time of accident appellant was a final year student of B.Com. and he was also having six months course of Computer Diploma and looking to his education and other qualifications, the amount of compensation of Rs. 1,50,000/ - is on the lower side. It is submitted that after completion of B.Com. the appellant would have got a job of Accountant equivalent to the said post and his minimum income would be arrived at Rs. 45,000/ - per annum.

(3.) HERE in the present case, the appellant was a final year student of B.Com and, therefore, it can be very fairly held that after passing of B.Com. he would have got a job of Accountant at the salary of Rs. 3,000/ - per month i.e. Rs. 36,000/ - per annum. Looking to the injuries sustained by him the loss of earning is to the extent of 30% i.e. Rs. 10,800/ - per annum. Looking to the age of the appellant the multiplier of 18 would be applicable. On applying the multiplier of 18 the amount of loss of earning comes to Rs. 1,94,400/ - (10,800 x 18 =1,94,400/ -). On other heads like loss of marriage prospects, loss of amenities of life, loss of pain and suffering etc the appellant is entitled to a sum of Rs. 1,05,600/ -. Thus, total amount of compensation comes to Rs. 3,00,000/ -. After deducting a sum of Rs. 1,50,000/ -, the enhanced amount of compensation comes to Rs. 1,50,000/ -.