Accidental claim - Appellant, a 50 year old, cart puller earning Rs.3300 p.m. met with an accident with a tanker, which was driven rashly and negligently - Multiple fracture in leg - Left leg amputated from knee - Appellant's disabled person's card showing his disability at 60% Tribunal, on referring to Schedule 1 of the 1923 Act, held disability at 50% - Taking his age to be 55 years and monthly income as Rs. 2400 p.m., Tribunal awarded Rs. 1,58,400/- for loss of future earning, Rs.30,000/- for mental and physical agony and Rs.15,000/- for medical expenses - High Court enhancing the compensation from Rs.2,03,400/- to Rs. 2,58,000 maintaining the disability at 50% - Justification. Held, both the courts below erred in pegging down the disability of the appellant to 50% with reference to Schedule 1 of 1923 Act. Extent of physical disability has to be judged from the nature of work - For a cart puller, losing his leg means end of his livelihood and disability is 100%. At the age of 55, finding an alternative job is not possible - Further, doing an alternative work is not a factor to scale down compensation - Compensation enhanced to Rs. 4,01,400/-. Additional compensation amount to carry interest at the rate of 9% p.a. K. Janardhan's & Raj Kumar's cases referred and followed.

Topic(s)-Motor Accident Claim

Important Decision(s)-MAC - Enhancing the compensation - At the age of 55, alternative job is not possible - Additional compensation at the rate of 9% p.a.