AI Structured Summary
Not yet generated for this judgment
Judgment
Subhash B. Adi
There is a delay of 121 days in filing the appeal. Though contesting respondents are served and represented, no objections are filed. Hence, cause shown is accepted. Delay of 121 days in filing the appeal is condoned. Accordingly, IA. 1/2011 is allowed. This is a claimant''s appeal against the judgment and award dated 13.1.2011 in MVC No. 218/2007 on the file of the MACT, Mandya seeking enhancement of compensation.
On appreciation of the evidence on record, the Tribunal has awarded compensation of Rs. 1,60,000/-with interest. Unsatisfied with the same, claimant is before this Court.
Claimant had suffered fracture of interior rami right pubic bone and fracture of accetabulor roof left hip. He was treated as inpatient. The Doctor has assessed 40% disability to the limb and 20% to the whole body. However, the Tribunal has not taken into consideration the disability and inturn has awarded compensation as under:
1.
Towards grievous injuries and simple injuries
Rs. 60,000/-
2.
Medical and hospital expenses
Rs. 20,000/-
3
Food, diet, conveyance charges
Rs. 20,000/-
4.
Attendant''s charges @ Rs. 1,00/- per day
Rs. 7,900/-
5.
Loss of income during inpatient and rest period
Rs. 11,000/-
6.
Loss of amenities in life
Rs. 10,000/-
7.
Hospital expenses as out patient
Rs. 1,000/-
8.
Loss of future earning
Rs. 10,000/-
9.
Incidental expenses
Rs. 100/-
TOTAL
Rs. 1,60,000/-
The petitioner claims to be a mason. Even if he is a coolie, the nature of injuries will have a definite affect on his avocation. Having regard to the same, in my opinion, the income could be taken at Rs. 4,500/-p.m. and disability at 15%. Considering the same, claimant is entitled for Rs. 675 x 12 x 16 = Rs. 1,29,600/-towards loss of future income as against Rs. 60,000/-awarded by the Tribunal, hence, additional compensation of Rs. 69,600/- in awarded under this head. Claimant is also entitled for additional compensation of Rs. 10,000/- towards pain and suffering and Rs. 5,000/-towards incidental expenses. In all, the claimant is entitled to compensation of Rs. 84,600/- rounded off to Rs. 85,000/- over and above the compensation awarded by Tribunal, with interest.
Accordingly, the appeal is allowed in part.