The assessment of compensation for loss of future earning capacity should consider the impact of permanent disability on the claimant's earning capacity, and the tribunal should actively seek the truth to ensure just compensation.

1. In an accident which occurred on 25.01.2010, a cleaner, aged about 45 years sustained fracture of 9 ribs in the right side of the rib cage. He sustained a communited fracture across end of right clavicle, linear fracture to inferior end of scapula, segmental outwardly displaced fracture of the squamous part of the right temporal bone extending to the mastoid part of the right temporal bone with pneumocephalus involving the right temporal lobe and suspicious fracture of the right nasal bone. He was initially treated in Government Hospital Bangarapet, as inpatient. Subsequently, he was shifted to R.L.Jalappa Hospital & Research Centre, attached to Sri Devaraj Urs Medical College, Tamaka, Kolar. He was lateron admitted in NIMANS Hospital, Bangalore. After treatment in the said hospital, again, he was shifted to S.D.S. Tuberculosis & Rajiv Gandhi Institute of Chest Diseases Hosur Road, Bangalore and was treated as inpatient from 26.01.2010 to 17.02.2010. The contents of the CT Scan report of Thorax are as follows:

"A preliminary A.P. Scanogram of the Thorax was first made. Spiral Scans were then performed from the Thoracic inlet down to the low diaphragmatic levels, employing 6mm sections and a wide latitude in window settings. I.V. Contrast was administered using telebrix, coronal and 3 D reconstruction were also performed.

2. At the time of accident, he was 45 years and stated to have earned Rs.7,500/- per month, and contributed a substantial income to his wife and children. To prove that he has sustained grievous injuries, the 1st respondent/claimant has produced Ex.P3, discharge card issued by S.D.S. Tuberculosis & Rajiv Gandhi Institute of Chest Diseases Hosur Road, Bangalore and Ex.P4, wound certificate issued by the same institute. Medical bills and x-rays have been produced. PW2, Doctor, who clinically examined the 1st respondent/claimant has deposed that the claimant has sustained fracture in the ribs, and they were malunited by 1 degree, right clavicle fracture was malunited by 2 degrees and right scapula fracture was malunited by 1 degree. The Doctor has also opined that the 1st respondent/claimant cannot work as before, and assessed the disability at 60%. He has issued Ex.P8, Disability certificate. Considering the injuries, age, extent of disablement and also the malunited conditions of the fractured bones, the claims tribunal found that the respondent has suffered a permanent disablement, which would affect his loss of future earning capacity.

3. Copy of the discharge card produced by the learned counsel for the appellant Insurance company, shows that the 1st respondents/claimant was hospitalised between 26.01.2010 and 17.02.2010 for 22 days in S.D.S. Tuberculosis & Rajiv Gandhi Institute of Chest Diseases Hosur Road, Bangalore . The discharge card shows that there were fractures and the diagnosis, is as follows:

"fractures across multiple right sided ribs. Fracture communition of right clavicle. Linear fracture of inferior end of scapula. Right sided Haemo-pneumothroax. Pneumomediastinum with subcutaneous emphyseme. Homogenously enhancing solitary hepatic space occupying lesion is noted across segment IV."

4. At this juncture, this Court deems it fit to extract from the medical texts, as to what are the cases of malunion and non-union of bones and the treatment given by the Doctors.

“A malunion is a broken (fractured) bone that has healed in an unacceptable position that causes significant impairment. A nonunion is a fracture that has failed to heal after several months.

In malunion, the bone may have healed at a bent angle (angulated), may be rotated out of position, or the fractured ends may be overlapped causing bone shortening. Malunion may be caused by inadequate immobilization of the fracture, misalignment at the time of immobilization, or premature removal of the cast or other immobilizer. Nonunion has several causes. The broken ends of bone may be separated too much (overdistraction), which can occ