RELIANCE GEN INSURANCE CO LTD Vs. RAKESH

JUDGEMENT

(1.) THIS appeal at the instance of the Insurance Company disputing the compensation granted to the claimants for the disability. The short issue was whether the claimants were entitled to compensation for the functional disability or the disability assessed by the Medical Officer.

(2.) RAKESH , claimant suffered injuries in an accident which took place on 22.9.2009. The claimant was 21 years old. The right leg above the knee was amputated. The Medical Board had assessed the disability at 100%. The claimant used to run a repair shop. The Tribunal noted that since he was doing manual work, therefore, his functional disability should be taken at 100%. The minimum wages were taken at Rs. 3,600/ - and the annual loss was taken at Rs. 43,200/ - and applying the multiplier of 18 the compensation was assessed at Rs. 7,77,600/ -. The claimant was also awarded a sum of Rs. 96,215/ - for the medical expenses and separate amount for transportation, special diet, pain and suffering. An award of Rs. 9,04,815/ - was passed.

(3.) THE submission on behalf of the Insurance Company is that the disability is in a non -fatal accident and the percentage of loss of earning capacity has to be taken as per Schedule I of the Workmen Compensation Act, 1923 and as per Schedule I when the amputation is 1/3rd of the thigh the functional disability would not be more than 60% as per schedule proved in Employees Compensation Act, 1923. It was urged that the claimant was not a labourer and was running a clutch repair shop and the functional disability would not be 100%.