FLYING OFFICER VISHNUPRIYA SRINIVASAN Vs. PARMINDER SINGH

JUDGEMENT

(1.) The claim is for enhancement of compensation for injury that resulted the claimant being grounded and unable to resume her duties as an Aircraft Captain. There was evidence to the effect that she had lost 500 flying hours and though she had resumed her flying duties, she had been consigned to A2 G2 category permanently. A2 category is an employability that allows for fitness for full flying duties, however, with limitation in flying certain types of aircraft but capable of unrestricted flying in others. G2 category is also fit for all ground duties but slightly below G1 standard, in any part of the world. G1 is the highest category of fitness where a person could be fit for all ground duties while A1 would be a full standard of fitness of all flying duties. The Court while assessing the compensation provided for Rs. 20,000/- towards pain and suffering, Rs. 30,000/- towards disability caused and Rs. 50,000/- for loss of prospect of marriage. The Court made a reference to the fact that the appellant had not brought any document to show as to how her own employment status has suffered on account of injury in the accident.

(2.) The learned counsel appearing on behalf of the claimant would contend that the Tribunal has not properly considered the evidence of the Wing Commander PW2, who had spoken about the fact that as compared to her own batchmates, the claimant had suffered a loss of 500 flying hours and she would have problems in controlling the aircraft in case of emergency especially in winters and he had also brought to account the fact that she was delayed in promotion by 6 months as compared to other batch-mates.

(3.) In the manner of assessment of compensation for disability that impacts the earning skills as well, such as in this case, it has resulted in delay of promotion by loss of flying hours, the exact monetary loss will be difficult to assess. She had admitted in her evidence, "I have not suffered any monetary loss on account of this accident so far as my pay and scale is concerned. Volunteered, my promotion got delayed by 6 months. I have not brought any document in Court to show this fact that the promotion was delayed as stated aforesaid but can produce the document." The evidence was that she was earning salary of about Rs. 20,000/- per month and that the promotion would have meant an additional emolument. A delay in promotion for that particular cadre, which is about more 6 months, will impact in small measure but over a period for the entire career, it may have a telescopic effect. A prospect of future promotion could be delayed at every level and to that extent, there will be a monetary loss as well. While I have not the means to assess how this loss could be worked out by the exact details of the scale applicable for each promotion post, I would make for this disability of 20%, which she has suffered and assessed also as permanent as resulting in 10% loss of earning capacity. Taking her average income to be Rs. 20,000/-, I will take the resultant loss by applying a multiplier of 17 to find the compensation of Rs. 4,08,000/- [20,000 X 12 X 10% X 17]. However, all the conventional heads of claim have already been answered adequately. The additional amount shall also be payable by the insurance company with interest @ 6% per annum from the date of petition till the date of payment and the insurance company have a right of recovery consistent with the reasoning adopted in the connected case in FAO No.3487 of 2011.