(Ranjan Gogoi and R. Banumathi, JJ.)
Govind Narayan Pandey ___________________________ Appellant
v.
Ganesh Ram Sahu & Anr. ______________________ Respondent(s)
Civil Appeal No. 5997 of 2018 [Arising out of SLP(C) No. 7845/2018], decided on July 4, 2018
The Order of the court was delivered by
Order
1. Leave granted.
2. We have heard the learned counsels for the parties.
3. The only issue that would require to be considered in this appeal is whether the compensation of Rs. 4.05 lakhs as loss of earning capacity awarded to the claimant, who had suffered 90% disability for virtual loss of both lower limbs, is a correct and just quantum of compensation.
4. The aforesaid figure has been arrived at by the High Court by taking into account the income of the claimant at Rs. 4,500/- per month and the loss of such income at 50%.
5. The claimant before the Tribunal claimed an income of Rs. 10,000/- to Rs. 11,000/- per month from milk business i.e. sale of milk pouches. While it is correct that the claimant could not/did not adduce any documentary evidence to sustain the claim of income of Rs. 10,000/- to 11,000/- per month, we are of the view that having regard to the ground realities and the time when the accident occurred i.e. 2003, the income computed at Rs. 4,500/- per month (inclusive of future prospects) by the High Court is not realistic and ought to be enhanced to an amount of Rs. 6,000/- per month. In doing so, we are not taking into account the documents which the learned counsel for the appellant has tried to place before us in support of the claim of higher income but have chosen to go by the fact that it is from the milk business carried on by the appellant that he was sustaining for himself and his family. Having regard to the nature of the business and the age of the claimant (30 years) when he had suffered the disability, the monthly income of Rs. 6,000/- per month inclusive of future prospects would be more appropriate. Accordingly and on the basis of the said correction in the monthly income of the claimant, we hold that the claimant is entitled to total compensation of Rs. 6.48 lakhs, the balance amount of which will now be paid to the claimant within four weeks from today failing which the amount will attract interest at the same rate from the date of the claim petition.
6. The appeal is disposed of in the above terms.
Petition(s) for Special Leave to Appeal (C) No(s). 7845/2018
Govind Narayan Pandey ______________________________ Petitioner
v.
Ganesh Ram Sahu & Anr _________________________ Respondent(s)
Date : 04-07-2018 This petition was called on for hearing today.
(Before Ranjan Gogoi and R. Banumathi, JJ.)
For Petitioner(s) Mr. Kaustubh Shukla, AOR
Mr. Ankur Kashyap, Adv.
Mr. Konark Tyagi, Adv.
Mr. Deepayan Mandal, Adv.
Mr. Rahul Shyam Bhandari, Adv.
Mr. Abhay Singh, Adv.
For Respondent(s) Mr. S.L. Gupta, Adv.
Mr. S.S. Gupta, Adv.
Mr. Varinder Kumar Sharma, AOR
Mr. Brahm Shankar Kumar, Adv.
Mr. Neeraj, Adv.
Mr. Mohd. Shahid Hussain, Adv.
UPON hearing the counsel the Court made the following
ORDER
7. Leave granted.
8. The appeal is disposed of in terms of the signed order.
9. Consequently, pending application(s), if any, shall stand disposed of.
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