ORDER

This miscellaneous appeal under Section 173 of Motor Vehicles Act has been filed against the award dated 26.07.2019 passed by Fourteenth Additional Member, Motor Accident Claims Tribunal, Jabalpur in MACC No.366/2013 for enhancement of the award.

2. Since the factum of accident is not in dispute, therefore, it is suffice to mention here that on 09.02.2013 the appellant met with an accident. As a result, he sustained injuries.

3. The main ground of attack by the appellant is that the Claims Tribunal has assessed the permanent disability of the appellant as 14% which is on a lower side.

4. By referring to the evidence of Dr. Sharad Dwivedi (P.W.-2) as well the disability certificate Ex.P/10, it is submitted that the following deformity was found:

(i) Posterior ankle left hip with shortening left leg, no sitting and cross leg (ii) Posterior anterior right shoulder fracture, NG fracture, right humerus advise surgery 5. It is submitted that although Dr. Sharad Dwivedi had assessed that the appellant has suffered the permanent disability of 56% but admitted that the disability of the appellant was moderate and it was not functional disability. It is submitted that the appellant is Mason and he has to work while standing, sitting as well as by using his hands. In view of the fracture of left hip and right shoulder, he is not in a position to discharge his work efficiently. Therefore, the functional disability of 14% assessed by the Tribunal is on a lower side. It is further submitted that under conventional heads a lesser amount has been awarded.

6. Per contra, the appeal is vehemently opposed by the counsel for respondent No.3.

7. Considered the submissions made by the counsel for the parties.

8. The appellant had suffered fracture of left hip resulting in shortening of left leg as well as had suffered fracture of right humerus bone. The appellant is a Mason by profession and he is required to use his right hand as well as is required to stand as well as sit for performing his work. His right humerus bone had suffered fracture and according to Dr. Sharad Dwivedi, his right shoulder had suffered a non-locomotive disability of 70% and his left leg was one inch shorter than his right leg and the appellant was not in a position to sit.

9. Under these circumstances, this Court is of the considered opinion that the permanent disability of 14% as assessed by the Claims Tribunal is on a lower side and his functional disability should have been assessed as 20%. Accordingly, the appellant is entitled for the following compensation amount:

S.No. Heads Amount 1 Monthly income as per Minimum Wages Act Rs.4,950/-

2. Future prospects @ 40% Rs.1,980/-

3. Monthly income + Future prospects Rs.6,930/-

4. Loss of monthly income @ 20% Rs.1,386/-

5. Loss of yearly income Rs.16,632/-

6. Multiplier of 18 Rs.2,99,376/-

7. Pain and suffering Rs.25,000/-

8. Medical Expenses Rs.48,470/-

9. Attendant charges Rs.15,000/-

10. Special diet Rs.12,000/-

11. Transport expenses Rs.10,000/-

12. Loss of income during treatment Rs.14,850/-

13. Total compensation Rs.4,24,696/-

14. Compensation awarded by Claims Rs.2,51,814/- Tribunal

15. Compensation enhanced Rs.1,72,882/- 10. With aforesaid modification, the award dated 26.07.2019 passed by Fourteenth Additional Member, Motor Accident Claims Tribunal, Jabalpur in MACC No.366/2013 is hereby affirmed.

11. The Appeal succeeds and is hereby allowed to the extent mentioned above. (G.S. AHLUWALIA) JUDGE vc