United India Insurance Co. Ltd. vs Veluchamy And Anr. on 29 December, 2004
10. The nature of injuries suffered by the claimant and the treatment given resulting in amputation clearly goes to show that after the treatment claimant has recovered from injuries. The earning capacity, however, will be affected as the claimant has to rely on physical stray and his hands and fingers for making bricks. However, it will not preclude the claimant from earning through other sources on a lesser scale. Therefore, the multiplier as in the case of death need not be adopted in the case of injury of this kind. Following the decision in Veluchamy's case cited above, the multiplier has to be reduced and the percentage of disability in the present case has to be suitably modified. Accordingly, the loss of earning capacity due to disability is determined in a sum of Rs. 1,44,000/- (Rs.4,000/- x 12 x 30/100 x 10 -= Rs.1,44,000/-). As rightly pointed out by the learned counsel for the first respondent/ claimant, no amount was granted for pain and suffering, transport expenses, extra nourishment and attender charges. The sum of Rs.48,000/- granted for loss of income during the period treatment is excessive as the Tribunal has granted compensation for nearly one year and there is no medical evidence to support the same. The award therefore stands modified as follows:-