The High Court, suo motu considering evidence of total amputation post-award, enhanced compensation for a motor accident victim from Rs.96,500 to Rs.16,00,000 despite a belated appeal, holding remission not necessary.
Awarded enhanced compensation of Rs.16,00,000/- with interest at 6% p.a., instead of Rs.96,500/-.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 533 of 2012
Ganesh Ram Dhruv S/o Janak Ram Dhruv, Aged about 35 years, R/o Village Maroud, Tahsil Kurud, District Dhamtari, Chhattisgarh
---- Appellant
Versus
For Appellant : Mr. Kaushal Yadav, Advocate under instructions of Mr. R.S. Patel, Advocate For Respondent No.3 : Mr. R.N. Pusty, Advocate
Hon'ble Shri Justice P. Sam Koshy Order on Board
09/02/2018
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photographs of the Claimant, which reflects that subsequently both his feet below the knee had to be amputated. The said photographs are taken on record. He submits that now by virtue of amputation of both the feet, there is a total loss of earning capacity of the appellant and as such the disability assessed should be 100% instead of 55% as assessed by the Doctor and the compensation should be suitably quantified. He submits that the appellant had deposed before the Tribunal that he was working as a Rajmistri (mason) and was earning an amount of Rs.200/- a day at the relevant point of time and thus prayed for the amount of compensation to be awarded suitably.
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entitled for 40% of his income towards future prospects, which makes it Rs.75,600/- as his yearly income. The said amount if multiplied applying the multiplier of 16, the amount would come to Rs.12,09,600/-. In addition, considering the nature of injury and the subsequent amputation of both his feet, Claimant is awarded an additional amount of Rs.1,00,000/- towards pain and suffering, Rs.1,00,000/- towards loss of amenities and in addition, the Claimant would also be entitled for an amount of Rs.2,00,000/- @ Rs.1,00,000/- for each feet for affixing artificial limbs. Thus, making the total compensation payable at Rs.16,09,600/- which is rounded of at Rs.16,00,000/-. It is ordered that the Claimant shall be entitled for a compensation of Rs.16,00,000/- instead of Rs.96,500/- as awarded by the Tribunal.
Sd/- (P. Sam Koshy) Judge
Ved
3 issues framed by the court
Whether the enhanced disability due to subsequent amputation justifies revision of the compensation quantum without remitting to the Tribunal.
Can subsequent improvements in injury (amputation) be considered for enhancing compensation when the appeal is barred by limitation?
Whether the quantum of monthly income and compensation multiplier should be revised in light of total loss of earning capacity?
2 provisions across 2 enactments
Ganesh Ram Dhruv S/o Janak Ram Dhruv
Keshav Ram Sahu S/o Kriparam Sahu
Prabhashankar Mishra S/o Housla Prasad Mishra
National Insurance Company Ltd.
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
