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Judgment
Learned counsel for the appellant prays for enhancement of compensation. Learned counsel for Respondent No. 1 Insurance Company submits that the Tribunal has awarded adequate compensation and there is no good ground made out for enhancement of compensation
Perused the LCR.
The Tribunal has taken income of the claimant at Rs. 3,000/- and awarded compensation as under:
Pain and suffering
Rs. 30,000/-
Medical expenses
Rs. 21,000/-
Conveyance, nourishment and other Incidental expenses
Rs. 10,000/-
Loss of income during treatment period
Rs. 9,000/-
Loss of amenities in future life
Rs. 20,000/-
Disability
Rs. 20,000/-
Loss of amenities
Rs. 10,000/-
TOTAL
Rs. 1,00,000/-
As per Ex. P2 Wound Certificate, the claimant sustained in all five injuries. Medical officer has opined that injury No. 5 is grievous in nature. He was treated in Chaitanya Hospital: He was subjected to CT Scan, brain and face. As per E-X.P9, findings of C.T. Scan of face, there is fracture of lateral and medial wall maxillary sinus with no significant displacement of fractured fragments; Lateral wall of right orbit shows fracture; right medial and lateral pterigoid plates show fracture,
The claimant is a resident of Bangalore and a Tailor by profession. The accident occurred in the year 2006. His income is not proved. In our view, income can be safely fixed at Rs. 4,500/- per month. Loss of income during the period of treatment and rest for a period of three months comes to (4500 x 3) = Rs. 13,500/- as against Rs. 9,000/- awarded by the Tribunal and Rs. 10,000/-towards loss of amenities. Thus, the claimant is entitled for additional compensation of (Rs. 4,500 + 10,000) Rs. 14,500/-. In the result, the appeal is partly allowed holding additional compensation of Rs. 14,500/-along with costs end interest at the rate of 6% p.a, from the date of petition till its realisation. Respondent No. 1 - Insurance Company is directed to deposit the balance compensation along with costs and interest with the Tribunal within three months from today.