The main legal point established in the judgment is the application of the Workman's Compensation Act, particularly Schedule-I part-2, to determine just compensation for permanent disability, loss of earning capacity, and related expenses.

JUDGMENT :

1. Heard, learned counsel for the parties.

2. The claimant/injured, Kushu Mondal has preferred this appeal for enhancement of the award dated 24.03.2018, passed by learned District Judge, XVI-cum-P.O., M.V.A.C.T., Dhanbad in Motor Accident Claim Case No.286 of 2016, whereby the claimant, who sustained injury 60% of permanent disability at the age of 45 years because of amputation of left leg below knee has been awarded compensation to the tune of Rs.4,94,800/-along with interest @ 6% per annum from the date of filing of the claim application till the date of realization.

3. Learned counsel for the appellant, Mr. Shekhar Prasad Sinha has submitted that the learned Tribunal has considered the less income of the injured to the tune of Rs.3,500/-, while computing compensation though minimum wages for highly skilled person as notified by the Government in the year, 2015-16 i.e. Rs 342.6/- per day and the monthly income excluding four Sundays comes to Rs.8,909/-(Rs.342.6 x 26 days), which is the minimum income that person can earn normally, but herein the injured was not engaged on the minimum wages rather working as mason/rajmistry and was charging Rs.500/-per day, as such, the income of the injured/claimant to be considered Rs 500/-per day.

4. Learned counsel for the appellant has further submitted, that so far, the permanent disability of 60% is concerned, as per the Workman's Compensation Schedule-I part-2, the case of the injured/claimant comes under Sl. no. 19 i.e., amputation below knee for which percentage for the loss of earning capacity is provided 60%.

5. Learned counsel for the appellant has further submitted that the victim remains hospitalized for approximately 47 days, as such, during this period he could not earn anything and the learned Tribunal has not awarded any amount of computation.

So far compensation under other headings are concern, the nourishing food and other miscellaneous expenditure, loss of earning during the period of treatment, the loss of future earning on account of permanent disability, the future medical expenses, damages for pain, suffering and trauma as a consequence of the injuries of 60% permanent disability, loss of amenities (and/or loss of prospects of marriage) and loss of expectation of life (shortening of normal longevity) is to be reconsidered and enhanced by this Court.

6. Learned counsel for the appellant has further submitted that in the motor vehicle accident involvement of auto-rickshaw bearing registration no. JH10AR-6734 as well as the validity of the Insurance Coverage policy of the Auto-rickshaw i.e. Policy No.3368/006/3669/000/00 valid from 24.10.2014 to 23.10.2015 are not disputed by the Insurance Company.

7. Learned counsel for the respondent no.2, Mr. Ashutosh Anand (M/s Cholamandalam General Insurance Company Limited) has submitted that whatever the compensation has been given by the learned Tribunal is just and fair compensation, as such, this Court may not interfere with the same.

8. Considering the rival submissions of the parties, looking into the facts and circumstances of the case, the claimant, Kushu Mondal met with an accident on 19.08.2015 by Auto-rickshaw bearing registration no.JH10AR-6734, which was duly insured before the Cholamandalam General Insurance Company Ltd. The injured was aged about 45 years at the time of accident in which he lost his left leg below knee because of amputation, as such, suffered 60% permanent disability and 60% functional disability for which he cannot work as a mason in his future.

9. Under the aforesaid circumstances, in view of the judgment passed by the Apex Court in the case of Raj Kumar vs. Ajay Kumar, reported in 2011 (1) SCC 343, at paras 5 to 23, which may profitably be quoted hereunder:

5. The provision of the Motor Vehicles Act, 1988 (“the Act”, for short) makes it clear that the award must be just, which means