NEW INDIA ASSURANCE CO LTD Vs. RATAN RAJ

JUDGEMENT

(1.) THIS matter comes up for the disposal of the application under section 5 of the Limitation Act.

(2.) I have heard the learned counsel for the parties.

(3.) SO far as the second contention goes, it is true that the claimant has not stated that on account of his impaired efficiency on account of the accident his salary has been reduced or that he has been put to a financial loss on that account immediately but all the same it is clear that his future prospective have been marred. The claimant was a Government servant working as 'gram sevak' and drawing a salary of Rs 960/-p-m. The Tribunal has found that on account of the accident his knee-cap had to be removed and on account of removal of the knee-cap his efficiency has been impaired. When efficiency has thus been impaired and the removal of the knee-cap has resulted into a permanent disablement to the effect that the claimant cannot fully stretch his leg and also cannot fold it. it can easily be concluded that his future prospects in the service have definitely been marred. The Tribunal has further observed that on account of this accident the claimant had received a great shock and looking to all these circumstances he has awarded a sum of Rs. 27,000/- as compensation. Though he has awarded the sum under the head of loss of income and has calculated it at the rate of 150/-p. m. multiplied by 15, but from what has been stated above, it is clear that this award is not merely for the loss of income but also for the loss of future promotions as also on account to the shock and in these circumstances I am not satisfied that the award is improper.