IMPORTANT POINTS
Percentage of physical disability of victim of accident cannot be reduced without any reasoning.

JUDGMENT

NAVIN SINHA, J.

Leave granted.

2. The appellant is in appeal aggrieved by the order of the High Court, claiming inadequacy of compensation granted to him in a motor accident case.

3. The appellant was travelling in a bus of the respondent Corporation and met with an accident on 19.02.2010, due to rash and negligent driving of the bus driver who hit a lorry from behind. As a consequence of the injuries suffered, the left leg of the appellant had to be amputated. The Tribunal awarded a compensation of Rs.4,08,850/­. The High Court in appeal enhanced the same to Rs.5,10,350/­. The appeal preferred by the respondent Corporation was dismissed.

4. Shri Ashwin Kotemath, learned counsel for the appellant submitted that the compensation enhanced by the High Court is niggardly and grossly inadequate considering the nature of injuries suffered. The appellant was a painter by vocation. He had a daily income of Rs.300/­ cumulated at Rs.9,000/­ per month, supported by the evidence of his employer PW.2, which has been wrongly rejected. The permanent disability of the appellant contrary to the evidence of PW.3, Dr. S. Ramachandra the treating Doctor, has been wrongly fixed at 25% of the whole body without any reasoning to support the same, in the nature of the injury, suffering, future medical treatment and loss of future income caused to the appellant.

5. Shri S.N. Bhat, learned counsel for the respondent, submitted that the High Court has reasonably enhanced the compensation and it calls for no interference. The appellant had failed to substantiate the claimed income with substantive evidence. The extent of disability suffered has been adequately assessed. The evidence of the employer and the treating doctor have all been considered adequately.

6. We have considered the submissions on behalf of the parties. The appellant was initially taken to the government hospital on the date of the accident but was shifted to a private hospital on 25.02.2010 where he remained as an inpatient till 16.09.2010 and also underwent surgery requiring amputation of his left leg from above the knee. PW.3, the treating doctor, deposed that the appellant had suffered Type III ‘B’ commuted fracture of Tibia and Fibula of the left leg with an active infection of Chronic Osteomyelitis emanating foul smell which prevented him from mixing and socialising in public. There was no alternative to amputation and fixation of an artificial leg. The physical disability suffered by the appellant of the left lower limb was assessed at 75% which was about 37.5% of the whole body. PW.3 further opined that the appellant had suffered shortening of the left lower limb by 3 cms. He could not stand independently or walk without aid of a walker or attendant. The appellant cannot sit cross legged, squat or use an Indian toilet. He could not climb up and down a staircase. The appellant was incapable of any manual work including painting. The appellant who was 45 years of age, considering average life expectancy of 65 years would require at least three further replacements of the artificial limb in his lifetime, the cost of which was assessed at approximately between Rs.75,000 to Rs.1,50,000/­.

7. The High Court enhanced the monthly income of the appellant to Rs.5,500/­. He has been awarded a sum of Rs.1,00,000/­ towards pain and suffering and Rs.7,350/­ towards medical expenses along with Rs.21,000/­ for attendant charges. The loss of earnings during the period of treatment has been enhanced by the High Court to Rs.66,000/­. Conveyance charges have been paid at Rs.10,000/­. We find no reason to interfere to the aforesaid extent.

8. The physical disability of the appellant without any reasoning has been assessed at 25% of the whole body with which we are unable to concur. The compensation granted towards loss of future earning on account of disability at Rs.2,31,000/­ is considered gro