JUDGMENT (Oral)

1. The appellant has challenged the impugned order dated 18th October, 2016 whereby a compensation of Rs.2,66,533/- has been awarded to the appellant.

2. On 16th March, 2015 at about 08:00 p.m., the appellant was driving vehicle No.HR-55M-3116 under the employment of respondent No.1 and he met with an accident with another vehicle which resulted in fracture of mid shaft bone tibia with intra-medullary nail and fracture of lower 1/3rd shaft tibia and mid shaft fibula. The appellant suffered permanent disability of 43% with respect to both lower limbs. The vehicle being driven by the appellant was owned by respondent No.1 and insured with respondent No.2.

3. The appellant filed application for compensation before the Commissioner, Employees' Compensation. The Commissioner, Employees' Compensation awarded Rs.2,66,533/- by taking the functional disability of the appellant as 15%.

4. Learned counsel for the appellant urged at the time of the hearing that the functional disability of the appellant be taken up as 100% as he is unable to drive anymore due to permanent disability.

5. The appellant is present in Court and his condition has been seen. Dr. Mani Shankar, Senior Medical Officer of Medical and Health Centre, Delhi High Court has examined the appellant before this Court. Dr. Mani Shankar is of the view that the functional disability of the appellant be taken as 50%.

6. The appellant, present in Court, submits that he is unemployed after the accident and the finding of the Commissioner, Employees' Compensation that the appellant was working as a driver after the accident is misconceived. It is submitted that the finding of the Commissioner, Employees' Compensation is based on the statement of respondent No.1, who was not aware about the employment of the appellant after the accident.

7. This Court is of the view that the functional disability of the appellant be taken as 43% and the appellant is entitled to the compensation on this basis. Taking the functional disability of the appellant as 43%, the appellant is entitled to a sum of Rs.4,06,732/- towards loss on account of 43% functional disability. Adding Rs.97,605/- towards medical expenses, the appellant is entitled to total compensation of Rs.5,04,337/-

8. The appeal is allowed and the award amount is enhanced from Rs.2,66,533/- to Rs.5,04,337/- along with interest @ 12% per annum from 17th March, 2015 upto realisation.

9. The enhanced award amount be deposited by respondent No.2 with UCO Bank, Delhi High Court Branch by means of a cheque drawn in the name of UCO Bank A/c Neeraj Kumar within four weeks.

10. List for disbursement of the enhanced award amount on 05th May, 2017.

11. The appellant shall remain present in Court on the next date of hearing along with the passbook of his savings bank account near the place of his residence as well as PAN Card.

12. Copy of this judgement be given dasti to counsels for the parties under signatures of the Court Master.