Smt. Rajesh And Others vs Rajbir Singh And Others on 29 January, 2010
9. Insofar as the quantum of compensation is concerned,
considering the evidence of P.W.2, doctor and P.W.3, Billing
Manager of Omni Hospital, tribunal has rightly awarded
Rs.2,13,137/- towards medicines and treatment; Rs.6,719/-
towards O.P. charges, Lab Tests etc. and Rs.1,00,000/- towards
future medical expenses. Considering Ex.A.3, injury certificate,
the amount of Rs.35,000/- award by the Tribunal towards pain
& suffering cannot be said to be on higher side. Although the
claimant has claimed that he was earning Rs.10,000/- per
month as agriculturist, in the absence of any proof in that
regard, the Tribunal has rightly taken the monthly income of
the claimant at Rs.3,000/-. Considering the age of the claimant
as 35 years, anc considering Ex.A.7, disability certificate, issued
by the Medical Board of Nagerkurnool, which was substantiated
by the evidence of P.W.4, member of Medical Board, the tribunal
has rightly assessed the permanent disability at 60% and rightly
5
MGP, J
Macma_1637_2018
awarded Rs.3,24,000/- towards loss of income due to
permanent disability. Thus, the quantum of compensation
awarded by the Tribunal is just and reasonable and the same
needs no interference by this Court. However, as regards the
interest awarded by the Tribunal, as per the decision of the
Apex Court in Rajesh and others v. Rajbir Singh and others1,
the claimant is entitled to interest @ 7.5% per annum on the
compensation awarded by the Tribunal from the date of petition
till realization but not 9% as was awarded by the Tribunal.