1. Heard Sri Jai Prakash Singh, learned counsel for the appellant-claimant, Ms. Anita Srivastava, learned counsel for the Oriental Insurance Co. Ltd. and Ms. Anubha Gupta, learned counsel for the National Insurance Co. Ltd.
2. This appeal has been filed by the claimants being aggrieved of award dated 01.08.2017 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Court No. 24, Kanpur Nagar in M.A.C.P. No. 247 of 2012, on two grounds namely, that claimant was a regular employee, working in a college where he was offered an appointment on a monthly salary of Rs. 35,000/- (thirty five thousand rupees) and therefore, tribunal has erred in computing his income @ Rs. 20,000/- (twenty thousand rupees) per month in place of Rs. 35,000/- (thirty five thousand rupees).
3. It is further submitted that document 19C/12 is a disability certificate, issued by District Hospital, Kanpur Nagar, in which disability to the extent of 50% has been shown, but that has not been taken in consideration and award has been passed on the lower side. It is submitted that since claimant had sustained fracture of left leg, healing of the same takes about 3 to 4 months time and therefore, compensation should be enhanced taking this time period as a relevant factor.
4. Ms. Anita Srivastava and Ms. Anubha Gupta supports the award and submits that there is no evidence either to substantiate salary certificate of the claimant nor any doctor has been examined to prove 50% disability, as has been certified by the District Hospital.
5. After hearing learned counsel for the parties and going through the record, it is true that claimant has filed two appointment letters respectively, one certificate issued on 30.11.2009 by B.D. Charitable Educational Society giving appointment to the petitioner as Assistant Director (Coordination and Finance) in Apollo Institute of Technology on a consolidated gross salary of RS. 27,000/- (twenty seven thousand rupees) per month and another certificate issued on 30.05.2011 by Naraina Vidya Peeth Engineering and Management Institute, offering post of Registrar on a consolidated gross salary of Rs. 35,000/- (thirty five thousand rupees) per month, but claimant has not enclosed any salary certificate to show that he actually joined the work and sustained loss of income either to the tune of Rs. 27,000/- (twenty seven thousand rupees) per month or Rs. 35,000/- (thirty five thousand rupees) per month in terms of the two different appointment letters brought on record. Therefore, it cannot be said that tribunal erred in making a notional calculation of the income of the claimant at Rs. 20,000/- (twenty thousand rupees) per month.
6. As per the disability certificate, brought on record, it is mentioned that claimant sustained 50% disability, on account of fracture of right leg tibia, showing some restriction in the movement. Nowhere, it is mentioned that claimant had undergone any shortening of the leg or that the disability is permanent or not curable.
7. In view of such facts, this disability certificate in absence of any evidence being led by any doctor, who is signatory to the disability certificate is not of much relevance to the claimant-appellant, to substantiate the extent of functional body disability.
8. However, fact of the matter is that accident took place on 11.06.2011. Learned claims tribunal has awarded a sum of Rs. 66,282/- (sixty six thousand two hundred eighty two rupees) towards the expenses incurred by the claimant on his treatment as were proved by him before the claims tribunal. It has awarded further sum of Rs. 20,000/- (twenty thousand rupees) for loss of income, as deceased was admitted in hospital for about one month, but the fact of the matter is that when fracture of tibia and fibula takes about 3 to 4 months in healing, therefore, loss of income should have been compensated for this period and therefore, this Court deems it proper to enhance the compensation under the head of loss of income from Rs. 20,000/- (twenty thousand rupees) to Rs. 60,000/- (sixty thousand rupees), therefore, there will be an addition of Rs. Rs. 40,000/- (forty thousand rupees) under the head of loss of income.
9. Learned claims tribunal has awarded a sum of Rs. Rs. 50,000/- (fifty thousand rupees) under the head of nutritious diet, which in my opinion is sufficient to meet out not only expenses on nutritious diet, but also expenses under the head of attendant and transport. Learned tribunal has not awarded any amount towards future treatment like, removal of plate etc., under which head, a sum of Rs. 35,000/- (thirty five thousand rupees) per month, if awarded will be in the interest of justice and be sufficient to meet out future expenses on treatment. Learned tribunal has not awarded any amount under the head of pain and suffering, therefore, an additional sum of Rs. 25,000/- (twenty five thousand rupees) will be payable under the head of pain and suffering. Therefore, there will be an enhancement to the tune of Rs. 1,00,000/- (one lakh rupees) to the amount already awarded by the learned tribunal. This additional amount shall also carry interest @ 6% from the date of filing of the claim petition. Other terms and condition of the award shall remain intact.
10. In above terms, appeal is disposed off. Record be sent back to the tribunal.
Order Date :- 20.1.2021 Vikram/-