Summary
An injured painter’s compensation was enhanced to Rs.11,97,350 with 6% interest from the petition until realization. An above-knee amputation prevented painting or manual work, so future-earnings loss could not be assessed mechanically at the reduced whole-body disability figure. The Court used 75% functional disability, maintained monthly income of Rs.5,500 and multiplier 14, and enhanced future medical and loss-of-amenities compensation.
Issues
- How permanent disability should be related to loss of earning capacity for a manual worker.
- What enhancement was justified for future earnings, prosthetic treatment and amenities.
Held
- Loss of earning capacity depends on the disability’s actual effect on the claimant’s vocation and remaining abilities, rather than mechanical application of a whole-body disability percentage. The unexplained reduction to 25% disregarded the painter’s inability to pursue his work. (¶¶ 6, 8, 9, 10, 11)
- Future-earnings compensation was recalculated using 75% permanent functional disability, Rs.5,500 monthly income and multiplier 14, yielding Rs.6,93,000. Other specified awards for pain, incurred medical costs, attendant charges, treatment-period earnings loss and conveyance were maintained. (¶¶ 7, 9, 13)
- The need for future artificial-limb replacements justified greater medical compensation, and restrictions on social life justified Rs.50,000 for loss of amenities. The final computation fixed future medical expenses at Rs.2,50,000 and total compensation at Rs.11,97,350. (¶¶ 6, 12, 13)
- The modified total was payable with 6% interest from the petition date until realization. (¶¶ 14, 15)
Result
Appeal allowed; compensation enhanced to Rs.11,97,350 with 6% interest from the petition date until realization.