Purshottam Vs. Hasan Ali and anr. - Court Judgment

Excerpt:
- gyan sudha misra, j.1. an amount of rs. 74,000 (rupees seventy-four thousand) only has been awarded to the claimant-appellant on account of injury sustained by him on his right leg due to the accident caused by the bus owned by the rajasthan state road transport corporation (for short 'r.s.r.t.c.'). the factum of accident is not under challenge either at the instance of the r.s.r.t.c. or any other party.2. the only ground of challenge to the impugned award is that although the appellant was aged 16 years only at the time of accident his right leg is shortened by 1 3/4 inches due to which he is neither able to stand straight nor sit normally and obviously there is impairment in his ability to walk properly. the tribunal although computed the amount after taking into consideration the medical expenses incurred which was only rs. 2,980.85 (rupees two thousand nine hundred eighty and paise eighty-five), it has been increased to rs. 4,000 (rupees four thousand) by the tribunal on an overall view regarding the medical expenses and lump sum amount of rs. 74,000 (rupees seventy-four thousand) has been awarded to the appellant which includes the aforesaid medical expenses also.3. the appellant feels aggrieved against the impugned award essentially on the ground that although he will suffer loss of income in future due to his disability, no amount has been awarded to the claimant on this count and while pressing this appeal reliance was placed by the counsel for the appellant on the case of swatantra kumar v. qamar ali 1998 acj 920 (sc), wherein case of shortening of leg of a pillion rider who was earning rs. 500 (rupees five hundred) per month from photography business, an amount of rs. 1,00,000 (one lakh) has been granted to him towards permanent partial disability causing future economic loss. however, on perusal of this case too it is obvious that apart from the amount granted by the claims tribunal rs. 1,00,000 has been granted towards loss of future income in case of a person who was able to establish fixed income from his occupation. in this case, the appellant admittedly had no income since he was still a student. nevertheless, there can be no escape from the conclusion that he is bound to suffer loss of income in future on account of this disability since his leg has been shortened by 1 3/4 inches. hence, in my considered opinion, he is entitled to rs. 1,00,000 at least on this count as was the view taken in case cited hereinbefore. thus, it is considered appropriate that in addition to rs. 74,000 which has been awarded to the appellant for loss of his leg and medical expenses, an additional amount of rs. 1,00,000 be paid to him as compensation towards his future loss of income since it cannot be inferred that the boy who was studying, would not earn even rs. 500 in future so as to deny him this benefit. hence it is considered just and appropriate to enhance the award of rs. 74,000 (seventy-four thousand) to rs. 1,74,000 (one lakh seventy-four thousand). the impugned award thus stands modified to the aforesaid extent and hence the balance amount be paid to the appellant expeditiously. the appeal accordingly stands allowed and disposed of but without costs.