Court emphasized the need to consider future earning capacity and just compensation for pain and suffering in personal injury claims.

JUDGMENT :

GAUTAM KUMAR CHOUDHARY, J.

Both these appeals have been preferred by the claimants who sustained permanent disability in the same accident which took place on 27.03.2009 when the claimants were travelling on vehicle bearing registration no.JH 11E 1315 regarding which Deori P.S. Case No.51/2009 was registered.

2. Appellant- Julias Marandi @ Yulias Marandi was awarded a compensation of Rs. 10,81,000/- with interest @ 9% per annum for amputation of left hand, resulting in permanent disability of 50%, taking monthly income of Rs.4500/- as skilled mason.

3. Appellant- Smt. Sunita Devi was awarded a total compensation of Rs.10,28,000/- with interest @ 9% per annum from the date of filing of claim application on account of permanent disability suffered in the same accident.

4. Claimants have preferred both these appeals for enhancement of compensation.

5. It is argued by the learned counsel on behalf of appellant- Julias Marandi that while computing compensation, the learned Tribunal has not considered the income with respect to future prospect of the disabled who lost his means of livelihood because of amputation of his hand. Further, under the head of pain and suffering, Rs.50,000/- has only been awarded, whereas claimant after the accident had to undergo treatment for a period of three days in hospital in acute mental and physical distress.

6. Learned counsel on behalf of the Insurance Company submits that entire treatment expense has been allowed by learned Tribunal and, the award of compensation of Rs.50,000/- under this head, cannot be said to be meagre considering the period undergone for treatment.

7. Having considered the submission advanced on behalf of the parties, I find that the claimants have a case for enhancement of compensation under the computation for loss of income as a future prospect. The claimant was aged 25 years and was not in a permanent job therefore, there will be an enhancement of compensation by 40% as future prospect.

8. Total compensation comes to the claimants in M.A. No. 196 of 2013 to Rs.14,94,800/-(Rs.9,72,000 + Rs.3,88,800 + Rs. 84,000 + Rs. 50,000 ) with 6% simple interest per annum from the date of filing of claim application. Considering the period undergone for treatment, award of compensation of Rs.50,000/- under the head of pain and suffering can be said to be just and reasonable.

9. It is argued by the learned counsel on behalf of appellant- Smt. Sunita Devi that as per the finding of facts recorded by the Tribunal, she was earning livelihood of Rs.4500/- per month by selling vegetables and she was aged 35 years at the time of accident and suffered 55% of permanent disability due to amputation of left hand above elbow. It is submitted that while computing compensation, loss of income and future prospect under the head of future prospect, has not been considered. Further, only Rs.50,000/- has been awarded under the heading of pain and suffering.

10. Learned counsel on behalf of Insurance Company and owner of vehicle have defended the impugned order.

11. Having considered the submissions advanced on behalf of parties, I find merit in the submission while computing compensation, learned Tribunal has not taken into account loss of earning capacity under the heading of future prospect. Considering the period undergone for treatment award of compensation of Rs 50,000/- under the head of pain and suffering can be said to be just and reasonable.

12. The claimant- Smt. Sunita Devi was aged 35 years, was not in a permanent job therefore, she will be entitled to get further enhancement of compensation Rs. 9,18,000 + Rs. 9,18,000 x 40% = Rs. 3,67,200, total sum comes to Rs.12,85,200/-.

13. Total compensation comes to the claimants in M.A. No. 197 of 2013 works out to Rs.14,20,200/- (Rs. 9,18,000 + Rs. 3,67,200 + Rs. 85,000 + Rs. 50,000) with 6% simple interest per annum from the date of filing of claim application. Considering the period undergone for treatment award of compensation of Rs 50,000/- under t