SANJAY Vs. SURENDER AND OTHERS

JUDGEMENT

(1.) THE appeal is for enhancement of compensation for injuries to the person aged 27/28 years who was a Lab Assistant in a College. The accident took place on 07.06.2002 and the evidence brought on record showed that there was a compression of 4th vertebra. He had been operated twice for his spinal injury as well for the fracture of his leg. He had been assessed to have a 5% disability. The Tribunal assessed a compensation of Rs. 10,000/ -, making provision only for medical expenses and granting a compensation of modest sum of Rs. 4517/ - and Rs. 1000/ - for transportation.

(2.) I find the compensation assessed to be grossly low. A spinal injury that causes a compression of the vertebra ought to have a serious impact on a person who may have to stand long hours or set before gadget and it was bound to impact his work at the college as Lab Assistant. I would take the 5% permanent disability as also resulting in 5% loss of earning capacity. He stated that he had been earning Rs. 8000/ - as Lab Assistant which ought to have been true. I reassess the compensation and tabulate the various heads of compensation as under: -

(3.) THE award is modified and the appeal is allowed to the above extent.