HIMACHAL ROAD TRANSPORT Vs. MANI RAM

JUDGEMENT

(1.) THE only point which has been urged in support of the appeal relates to the quantum of compensation.

(2.) THE evidence of the first respondent (claimant) is to the effect that he was earning Rs. 750/- per month by way of salary and that he was being provided by his employer with two free meals and tea every day. The Tribunal computed the value of the aforesaid perquisites at Rs. 150/-per month and added the said amount to the sum of Rs. 750/- and accordingly determined the total monthly income of the first respondent at Rs. 900/-. On the aforesaid basis and taking into consideration the medical evidence, which had assessed the permanent disability at approximately 50%, the loss of earning capacity was assessed at 50%. In terms of money, the loss of earning capacity was computed at Rs. 450/- per month, that is, Rs. 5400/- per annum, on the aforesaid footing. In view of the fact that the claimant-respondent was aged about 32 at the material time, the multiplier of 18 was applied and, accordingly, compensation for the loss of earning capacity was assessed at Rs. 97,200/- A sum of Rs. 3,000/- was awarded as reimbursement for the cost of medical treatment and a further sum of Rs. 5000/- as com-pensation for pain, shock and suffering. The total award in the sum of Rs. 1,05,000/- came to be made on the foregoing basis.

(3.) THE evidence on record establishes that the first respondent was discharged from service after the accident and that on and from the said day till the date of trial, that is, till the day of the recording of his evidence in the present proceeding, he was unemployed. The unemployment was the direct result of the accident. Taking only Rs. 750/- to be his monthly income, the loss sustained upto the date of trial works out to Rs. 15,000/- An expenditure in the sum of Rs. 3,000/- is held to have been incurred by the first respondent towards medical treatment which must be added to the actual loss which he has suffered in terms of money till the date of trial. To the sum of Rs. 18,000/- arrived at accordingly must be added the compensation for non-pecuniary loss under the head of pain, shock and suffering and the loss of amenities of life on the facts and in the circumstances of the case and having regard to the medical evidence, which establishes the extent and nature of the accident injury and its after-effects, compensation in the sum of Rs. 20,000/- under this head is the minimum to which the first respondent is entitled.