SRI CHANNAVEERAYYA v. SP BASAVANNEYYA

2. The only grievance of the appellant Tribunal committed an illegality in awarding less compensation under the head loss of future earning capacity. On the date of accident the appellant was aged about 24 years and the multiplier is 18. Further the appellant was working as Lab Technician and in support of this, he has produced Ex.Pll, markscard, Ex.P12, another marks card and Ex.P13, salary certificate. This evidence on record discloses that appellant a skilled labourer. A minimum of Rs.4500/- is to be taken as monthly income. In the accident the appellant sustained injuries and fracture. The medical evidence on record discloses that the appellant sustained physical disability of 25%. Having regard to the nature of work, age and physical disability, the functional disability is to be taken at 5%. In the circumstances. under the head loss of future earning capacity. the appellant is entitled fOr a sum of Rs.48.6OO/ as pr II schedule to the M.V.Act. Further the compensation awarded under the head loss of income during laid up period, amenities in life, food, nourishment and attendant charges is on lower side. Hence, the appellant is entitled for another Rs.lOOOO/-under all these heads. In all the appellant is entitled for Rs58,6OO/ as additional compensation and to this extent the award requires modification. For the reasons stated above, the following: i) ii) ORDER Appeal is partly allowed. The impugned judgment MVC,Nolll3/2OO7 dated 17.1L2009 is hereby modified enhancing the total compensation from Rs,33,510/- to Rs.2,llO/-, iii) Remaining all other aspects the impugned award remains intact and undisturbed. Dkb Sd/ TT Thf’t j L)Li’.L