Mohammad Rafiq, J. - (1.) THIS appeal has been preferred by non -claimant -appellant ICICI Lombard General Insurance Company Limited assailing award dated 09.08.2011 of learned Motor Accident Claims Tribunal, Tonk, in MAC Case No. 349/2009, by which learned Tribunal has awarded compensation of Rs. 2,54,949/ - in favour of the claimant. Contention of learned counsel for appellant is that extent of disability of the claimant in the present case was only 14% and that he was a government servant and, therefore, despite disability of 14%, there would be no actual loss of earning and that the compensation cannot be awarded only on the assumption of fact that disability has resulted into reduction of his earning capacity. Even otherwise, the claimant, at the relevant time, was 50 years of age, and that he was due to retirement after ten years and thus multiplier of 11 could not be applied in this case. Learned counsel argued that even if there was shortening of leg by one -and -a -half inch, learned Tribunal could award certain amount under the head of pain and suffering but computation of compensation on the basis of structured formula in a case like this, could not be justified. Learned counsel, in support of his argument, relied on the judgment of the Supreme Court in Raj Kumar us, Ajay Kumar & Anr., : MACD 2011 (SC) 33, and argued that structured formula can be applied only if the evidence shows that there was actual loss of earning.
(2.) IN the present case, there are three types of disability of the claimant as is evident from the disability certificate of the Medical Board dated 24.05.2011, a photocopy of which is produced for perusal of the Court. One is that there was restriction of movement of right knee joint; second, there was shortening of about 1 1/2 inch of right lower limb; and, third, there was deformity due to malunion of left leg bones infection, which affected the functional capability. No doubt, in the present case, learned Tribunal has computed the compensation on the basis of structured formula by applying multiplier of 11 and then arrived at the sum of Rs. 2,54,949/ -. What is evident from the award is the fact that learned Tribunal has not separately awarded any amount of compensation on the head of pain and suffering or loss of earning capacity, interference in such award may result in marginal reduction in the quantum of compensation, which, in totality of circumstances and given facts that the claimant has sustained disability leading to shortening of leg by one -and -half inch, is not considered appropriate. The appeal is therefore dismissed.;