DALSINGH Vs. SHANTILAL

JUDGEMENT

(1.) Being aggrieved by the inadequacy of the amount awarded vide award dated 20.12.2006, passed by the M.A.C.T., Jhabua in Claim Case No. 98 of 2004, whereby a sum of Rs. 2,04,000, has been awarded, the present appeal has been filed.

(2.) THE learned Counsel for the appellant submits that appellant was aged 40 years at the time of accident. Appellant was agriculturist by profession. The left leg of the appellant was amputated below knee. It is submitted that the learned Tribunal has awarded a sum of Rs. 2,04,000 breakup of which is as under: Permanent disability Rs. 1,44,000Medical expenses,special diet andexpenses incurred onattendants Rs. 50,000Pain and suffering Rs. 10,000

(3.) AS the Second Schedule has not been amended by the Central Government in spite of the iapse of period of more than 10 years, we deem it proper to take into consideration the steep hike in the price index of the essential commodities and the resultant increase in the cost of living. If the erosion in the purchase value of rupee during the period between 1994 and 2003, the year of the accident in the present case, is taken into consideration, the notional income of Rs. 15,000 prescribed in the Second Schedule in the year 1994, would, in the year 2003, come to Rs. 36,000 per annum. We, therefore, propose to recompute the compensation taking the income of the deceased at Rs. 36,000 per annum.