In respect of an accident which is not in dispute and

the liability of the insurer to pay compensation is also not

in dispute, the Tribunal has awarded the following sums:

Sl.

No.

Nature of Heads

Compensation

Awarded

(In Rs.)

1

Pain and suffering

25,000/-

2

Medical expenses

2,798/-

3

Loss of income during laid up

period (Rs.5,000/- x 3)

15,000/-

4

Nourishment, Attendant and

conveyance charges

5,000/-

5

Loss of amenities

10,000/-

6

Future medical expenses

(which does not carry any interest)

10,000/-

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7

Loss of future earnings

(Rs.5,000/- x 12 x 20% x '13')

1,56,000/-

TOTAL :

2,23,798/-

The Tribunal has determined the disability to the

whole body at 20% and has applied notional income at

Rs.5,000/- per month.

3.

In my view, the determination of the notional income

at Rs.5,000/- is just and proper and is in consonance with

the notional income fixed by the Karnataka State Legal

Services Authority and is therefore, affirmed.

4.

As regards the injuries, the doctor has deposed

before the Tribunal and stated that the claimant had

suffered disability to the right lower limb to an extent of

56.41%.

5.

The matter was initially referred to the Lok Adalat

and the injured claimant was directed to appear before the

Bowring and Lady Curzon Hospitals, Bengaluru, for an

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assessment of his functional disability. The doctor

Sri.S.L.Mohan

Kumar,

Orthopedic

Surgeon/Senior

Specialist working in the Bowring Hospital has made the

following observations:

"(1) Gross bowing deformity of the Right leg

lower one third;

(2) Deformity of the right foot;

(3) Range of movement of the right knee joint is

painful and restricted;

(4) Range of movement of the right ankle joint is

painful and restricted;

(5) Range of movements of Right foot is painful

and restricted;

(6) True shortening of the right leg by 2.5 cms (1

inch);

(7) Wasting of the muscle of the right Lower limb

(the muscles of the right leg and foot)"

and has ultimately stated as follows:

"X-ray of right leg was taken and revealed

gross Malunion of fracture of the right tibia

and fibula at the lower third with -

reduction of the right ankle joint space. By

all these findings and based on his age, nature

of injury and Job and clinical and radiological

findings and on the basis of DGHS - WHO -

AIIMS - New Delhi, and I have assesses the

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percentage

of

total

permanent

physical

disability by combing mobility and stability

components.

23+13(90-26)=32.24% to the whole body.

90

(for the affected limb, it will be 32.24 X 3 =

96.72%)

One third of this percentage is considered

for the whole body.

Now because of the above said deformities the

patient is unable to do any normal physical work

by involving and bearing weight on the right

lower limb, and is unable to stand and walk by

bearing weight on the right lower limb without

CRUTCHES and also has difficulty to sit cross

legged, squatting, folding the knee, to climb up

and down the steps, hindering the normal

activities of the daily living life. And needs one

attendant for his daily normal activities of life."

6.

As could be seen from the said report, the

assessment conducted two years ago (from today)

indicates that the claimant has suffered 96.72% disability

to the affected limb and it is also stated that he was

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unable to stand and walk by bearing weight on the right

lower limb without crutches. It is also stated that he

needs one attendant to do his daily normal work. In this

view of the matter, it will have to be held that the claimant

has suffered 100% disability.

7.

In order to arrive at the loss of future income, the

Tribunal has determined the monthly income, notionally at

Rs.5,000/-, which is affirmed.

8.

As per the decision of the Apex Court in the case of

National Insurance Company Limited vs. Pranay

Sethi and Others - (2017) 16 SCC 680, as the claimant

was aged about 45 years, 25% of the same (Rs.1,250/-) is

required to be added to the said income as future

prospects and the resultant income would be Rs