SITAL SINGH Vs. RANJIT SINGH

JUDGEMENT

(1.) THE appeal is for enhancement of claim for compensation for injuries suffered in a motor accident that took place on 31.12.1991. The claimant was an employee in the Health Department of UT, drawing salary of Rs.2,500/ - per month. In the accident, the claimant had suffered fractures of the 5th mata -carpal bone of left hand, upper end of humerus bone and fibula of the left leg besides other injuries. The Tribunal assessed a compensation of Rs.45,000/ -. I find the assessment to be grossly low and rework the compensation under the following heads: -

(2.) I have taken the fact that the claimant had been admitted in the hospital on 31.12.1991 to 05.01.1992 and, therefore, I have provided modestly for the attendant charges, special diet and transportation. The counsel for the appellant would seek for assessment to loss of future income taking the disability, as assessed, as also resulting in equal percentage of loss of earning capacity. I cannot provide for any such loss of future earning where there has been fractures which have united. If there has been limitation of movements or any inconvenience, it has to be taken only as the loss of amenities in his life. The doctor's own evidence that he will be handicapped in performing his duty must be taken as needless exaggeration, for, I cannot see a productive loss apart from the inconvenience of having to suffer for restriction of movements of his limb. I have, therefore, provided for a larger sum of Rs.40,000/ - towards loss of amenities instead of Rs.20,000/ - as provided by the Tribunal.

(3.) THE award stands modified and the appeal is allowed to the above extent. There is cross objection also at the instance of 2nd