Counsel for petitioner cited case law B.T. Krishanappa vs. D.M.
United Insurance Co. Ltd. AIR 2010 SC 2630 and argued to treat disability
of petitioner as 100%. However, this judgment can be distinguished from the
present facts and circumstances because in the cited case the injured was
working as meson and it was found that he could not sit cross leg, squat, could
not lift any weight or climb the stairs without support and his leg was
shortened by 3.5 cms. In this matter the Supreme Court treated 48%
disability of a lower limb as equivalent disability in respect of whole body.
However, in the present case no such evidence has brought on record which
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point out that petitioner now cannot work, move or squat and has become
totally crippled. PW-2 the concerned doctor has also specifically stated that
56% disability is in relation to a particular limb and not in respect of the whole
body. Accordingly, I am of the view that the extent of disability qua the whole
body is to be treated as 25% only.
(iii)B.T.Krishnappa v. D.M., United India Insurance Co.Ltd., reported in 2010 ACJ 1971
Quantum Injury Leg and head compound fractures in tibia and fibula bones of right leg and injuries on head and all over body Injured was hospitalised for 14 days and remained under treatment for 6 months Injured aged 50, a mason Doctor opined that injured suffered 48 per cent disablement and he cannot work as mason and do any other manual work Tribunal accepted 48 per cent disablement but assessed loss of earning capacity at 20 per cent and awarded Rs.1,55,000 High Court accepted Tribunal's assessment of whole body disability at 20 per cent and observed that Tribunal has paid compensation under the heads 'loss of amenities and enjoyment of life and loss of earnings during laid up period' on the lower side High Court allowed further Rs.34,000 for future medical expenses but did not deal with the aspect of future loss of earnings Apex Court observed that injured had suffered an irreversible damage to his right leg which will pose difficulties for him in carrying out his avocation as a mason and also drew attention to its views expressed in several judgments about compensation payable to injured persons Case remanded to the High Court for consideration of the matter afresh for enhancement of compensation.