Permanent disability must be accurately assessed based on medical evidence, and compensation should reflect loss of future prospects.

JUDGMENT

1. Learned counsel for the appellant submits that service upon respondent No.2 may be dispensed with at his risk and cost.

2. Ordered accordingly.

3. With the consent of learned counsel for the parties, the instant appeal is being heard and disposed of finally at this stage itself.

4. The instant appeal has been preferred by the appellant -claimant against the judgment and award dated 22.01.2018 passed by Judge, Motor Accident Claims Tribunal No.1, Udaipur in Motor Accident Claim Case No.193/2007, whereby the Tribunal partly allowed the claim petition filed by the appellant-claimant and awarded a sum of Rs.2,39,600/- as compensation with an interest @ 8.5% p.a. on account of injuries sustained by Narendra Singh in the accident which occurred on 18.09.2016.

5. Learned counsel for the appellant-claimant submits that the Tribunal fell in error while deciding the issue No.2 and reducing the permanent disability sustained by the appellant to the extent of 12% from 24%. Learned counsel submits that on account of fracture of femur bone, the Medical Board assessed permanent disability of the appellant to the extent of 24%, however, learned Tribunal while computing the award in the present case reduced the same to the extent of 12%. It is also contended that the Tribunal has also committed an error in not awarding a suitable amount of compensation to the appellant towards loss of future prospects in view of the judgment passed by the Hon'ble Supreme Court in the case of Pappu Deo Yadav vs. Naresh Kumar and ors. AIR 2020 SC 4424 and Sanjay Verma vs. Haryana Roadways 2014 ACJ 692. He, therefore, prays that the judgment and award passed by the Tribunal may kindly be suitably modified by enhancing the amount of compensation.

6. Per contra, learned counsel for the respondent Insurance Company submits that the Tribunal has rightly assessed the permanent disability of the appellant on the basis of the evidence produced before it, therefore, the amount awarded in the present case is a just compensation. He, therefore, prays that no interference is warranted in the judgment and award passed by the Tribunal.

7. I have considered the submissions made at the bar, gone through the judgment dated 22.01.2018 passed by the Tribunal as also perused relevant record of the case.

8. Admittedly, in the present case, the appellant had sustained the injuries on account of the accident which occurred on 18.09.2016 in which he suffered fracture of femur bone and the medical board assessed permanent disability of the appellant to the extent of 24%. Perusal of the certificate (Exp.45) issued by the Medical Board shows that the appellant had suffered fracture on account of which he sustained permanent disability to the extent of 24% and therefore, the permanent disability of the appellant should have been taken into consideration to the extent of 24% while computing the award instead of 12%. Therefore, the Tribunal has erred in computing the award while considering the permanent disability of the appellant to the extent of only 12%.

9. The Tribunal has also committed error in not awarding a reasonable amount of compensation towards the loss of future prospects on account of the permanent disability sustained by the appellant, therefore, the award is also liable to be recomputed in the light of judgment of Hon'ble Supreme Court in the case of Pappu Deo Yadav (supra). The calculation of award in the present case will be as under:-

10. In view of the discussion made above, the appeal is partly allowed. The respondent insurance company is directed to pay the enhanced amount of Rs.3,30,480/- to the appellant-claimant. The enhanced amount shall carry an interest @ 6% p.a. from the date of filing of the application till the same is paid.