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Judgment
Subhash B. Adi
There is a delay of 01 day in filing the appeal. Cause shown is accepted. Delay condoned. This appeal is filed by the claimant in M.V.C. No. 137/2009 on the file of the Motor Accident Claims Tribunal, Arkalgud, seeking enhancement of compensation.
The Tribunal has awarded compensation of Rs. 1,33,440/- with interest. Unsatisfied with the same, the claimant is before this Court.
The claimant had suffered six injuries. Among the six injuries, he suffered fracture of shaft of right femur and fracture of right Tibia. Doctor has assessed disability at 36% to the right lower limb of the claimant. The Tribunal has taken the disability at 10% and has awarded compensation of Rs. 1,33,440/- under the following heads :-
Pain and agony :
Rs. 25,000/-
Loss of income during Treatment :
Rs. 6,000/-
Loss of income on account of permanent disability :
Rs. 73,440/-
Medical and other expenses :
Rs. 10,000/-
Attendant charges
Rs. 4,000/-
Loss of amenities :
Rs. 15,000/-
TOTAL
Rs. 1,33,440/-
Taking into consideration the nature of injury sustained by the claimant, whole body disability should have been taken at 12% and income of the claimant should have been taken at Rs. 4,500/- per month. Accordingly, the claimant is entitled for Rs. 1,10,160/- (Rs. 540 x 12 x 17) as against Rs. 73,440/- i.e., additional compensation of Rs. 36,720/-rounded off to Rs. 37,000/- towards loss of future income. The claimant is entitled for additional compensation of Rs. 8,000/-towards loss of income during the laid-up period and additional compensation of Rs. 5,000/- towards incidental and medical expenditure. In all, the claimant is entitled for Rs. 50,000/- over and above the compensation awarded by the Tribunal with interest.
Accordingly, the appeal is partly allowed.