ASHWANI KUMAR GUPTA Vs. MALKIAT SINGH

JUDGEMENT

(1.) THE appeal is for enhancement of compensation for injuries suffered in a motor accident that took place on 30.07.1996 in which the claimant suffered grievous injuries. He remained hospitalized from 30.07.1996 to 14.09.1996 as per the version of Dr. K.S. Sohal. He was operated upon thrice on 03.08.1996, 31.07.1996 and 17.08.1996 for fracture of right femur, fracture 2nd, 3rd and 4th metacarpal with dislocation of metacarpal phalangeal joint of the right side and fracture both bones of left forearm. His disability was found to be 30% permanent in nature. The Tribunal assessed the compensation under the following heads: -

(2.) I find the assessment made by the Tribunal to be wholly inadequate. I will provide for Rs. 50,000/ - for pain and suffering for multiple fractures. I will take the 30% permanent disability as resulting into 15% loss of earning capacity. He was an income tax assessee and I will take the monthly income of the claimant at Rs. 2800/ - per month as stated by him and apply a multiplier of 16 to assess the loss of earning capacity as Rs. 80,640/ -. I will also provide for another Rs. 50,000/ - for loss of amenities. I will reproduce the various heads of claim as under: -

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