RAJESH Vs. JAGBIR SINGH

JUDGEMENT

(1.) THE appeal is for enhancement of compensation for injuries suffered in a motor accident that took place on 27.12.1996. He was a student of BAMS and was also stated to make a living by giving tuition to boys around. He was said to be earning Rs. 3,000/ - per month. He had bilateral fracture of both bones in the leg with mal -union with posterior strangulation of left tibia. He complained that he had difficulty in walking. The doctor who was treating him had assessed the disability at 8%.

(2.) ALTHOUGH the claimant stated that he had spent over Rs. 50,000/ -, no medical bills had been produced and the Tribunal had taken the expenses at Rs. 5,000/ -. I will retain the same. For fracture of two bones with difficulty in walking, I will make an estimate of Rs. 22,500/ - as going towards pain and suffering. The Tribunal has assessed loss of earning capacity taking 8% disability as constituting 8% loss of earning capacity and working the loss of income taking the income to be Rs. 1500/ - per month. I will not make any such assessment and the amount which the Tribunal has assessed as going towards loss of earning capacity, I will substitute it as going towards loss of amenities. I will also make a modest increase of Rs. 5,000/ - towards loss of income during the period when he was taking treatment. This would mean that the total compensation payable will be Rs. 54,100/ -. I will tabulate the various heads of claim for an easy understanding of how the amount has been arrived at as under: -

(3.) THE award passed by the Tribunal stands modified and the appeal is allowed to the above extent.