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Showing contexts for: paralysis in Sri. Boyineni Narasimhulu vs Sri. P. Sidda S/O. Sri Hanumanthappa on 20 June, 2019Matching Fragments
"It is true to suggest that the Injury No.1 mentioned in P.D. causes permanent Damage to the brain resulting in permanent paralysis of the left side of his body (inability to move the left side of the body)."
To the suggestion that claimant had recovered and he is not having any disability, has been denied. PW4 - the orthopaedic surgeon, who gave follow-up treatment to the claimant, has deposed to the following effect:
17. Insofar as, assessment of 'loss of future income' is concerned, tribunal has construed the disability at 15% and income at `20,000/- per month, adopted the multiplier of 13 and awarded a sum of `4,68,000/- towards 'loss of future earning', which is without any discussion and reasoning. Hence, we do not accept the said award and propose to redo the same.
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18. It is the specific case of the claimant that he is an agriculturist by profession and was earning ` 10 lakhs per annum from out of agricultural activities carried out by him. In fact, tribunal has accepted the profession or avocation of the claimant. WE are also inclined to reiterate the same. Further, it cannot be gainsaid by the claimant that he would not be able to carry on agricultural operations without the help and assistance of a supervisor. In fact, he has not stated that he was personally cultivating the land. Even if it were to be so, it cannot be accepted that entire 19 acres was being cultivated by him personally. What would be lost on account of permanent physical disability suffered by the claimant would be the supervision charges, the claimant will have to expend for carrying out agricultural operations through supervision, by appointing a supervisor. As already noticed hereinabove, patta pass books of lands owned by the claimant came to be produced and collectively marked as Ex.P-15 (3 books). Total land owned by the claimant is around 19 acres. Even by modest estimate if the supervision charges is considered at `3,000/- per acre, for 19 acres claimant would have to spend `57,000/- per month towards supervision charges. On account of paralysis suffered by the claimant as a result of accidental injuries, he would not be in a position to move around, supervise, check, give instructions to workers or in other words, ensure there is proper execution of agricultural operations in his land. As such he has to necessarily depend upon a supervisor to act on his behalf, for which minimum amount which will have to be spent by the claimant would be around `3,000/- per month per acre. Thus, for 19 acres of land, the supervision charges which the claimant will have to expend would be not less than `57,000/- per month to which claimant will be entitled to seek for being awarded. Tribunal has adopted the multiplier of