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Judgment
N. Ananda, J.—The matter is listed for admission The lower court records are received. With the consent of learned counsel for parties, it is taken up for final disposal.
I have heard learned counsel for parties.
The Tribunal considering the medical records produced by claimant has accepted that claimant had suffered following injuries:-
Incised wound over right cheek
Incised wound over left cheek
Injury on both eye balls
Head injury
Swelling over nose
Bleeding through nose
Injury to both legs, arm
The Tribunal has held that claimant has produced medical bills for a sum of Rs. 29,951/-. The claimant was rest contended with production of wound certificate and medical bills. The claimant had not taken pains to examine the doctor, who has treated him to prove severity of injuries and consequent permanent physical disability, if any. In the circumstances, Tribunal has awarded global compensation of Rs. 80,000/-. Though the Tribunal was justified in awarding global compensation under non-pecuniary heads, Tribunal was not justified in ignoring the medical bills. Similarly, Tribunal should have awarded compensation towards "loss of earnings during laid up period". Therefore, I award additional compensation of Rs. 30,000/- towards "medical expenses" and compensation of Rs. 10,000/- towards "loss of earnings during laid up period". Thus, claimant is entitled to total compensation of Rs. 1,20,000/-. In the result, I pass the following:-
ORDER
The appeal is accepted in part. The impugned award is modified, compensation of Rs. 80,000/- awarded by Tribunal is enhanced to Rs. 1,20,000/-. The rest of the impugned award as it relates to rate of interest, period of accrual of interest, ratio of payment and investment is confirmed.