Bengaluru: The high court has enhanced compensation by over 50% in an accident case by pointing out that a healthy and stable ankle joint is of considerable importance for effectively performing agricultural activities.The claimant had suffered serious rib injuries affecting limb/ankle movements in the accident that took place on Feb 19, 2023. He was going on a motorcycle along with his wife when a car rammed his vehicle near Jyotiba Temple at Khardi village, Solapur, Maharashtra.After getting treatment, Vitthal approached the tribunal at Vijayapura, seeking Rs 40 lakh compensation. He argued that the effect of the injury sustained in the accident was that he had to endure functional disability, affecting his livelihood.Justice Brungesh noted that the claimant had sustained a fracture of the right medial malleolus, fracture of the right lateral malleolus and fractures of the fourth and fifth right metatarsal bones and the tribunal assessed the whole-body disability at 5% and further concluded that the functional disability is also 5%.It is necessary to note that agricultural work involves standing, sitting, walking and repeatedly changing one’s position while performing various agricultural operations. While cutting crops and attending to other allied agricultural activities, a person is required to stand for considerable periods and frequently sit, squat and move from one place to another. Considering the material facts, if functional disability of the claimant were assessed at 8% to the whole body, it would meet the ends of justice, the judge further added while granting an additional Rs 1.62 lakh compensation with interest at the rate of 6% per annum to the claimant.
