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Judgment
Ajit J. Gunjal, J.—The claimant is in appeal seeking enhancement of compensation. Pursuant to the judgment and award under appeal, the Tribunal has awarded a sum of Rs. 35,000/- and the Respondents 1 and 2 are made liable to pay the said compensation jointly and severally.
We notice that the appeal is by the claimant, inasmuch as neither the insurer nor the insured have questioned the judgment and award either on actionable negligence or on determination of compensation.
In an accident that occurred on 10.5.2004, the claimant sustained injuries resulting in injury to the tail bone. It is her case that she is a qualified MBA and at the relevant point of time she was working as Chief Executive in a reputed institution, Alliance Business Academy. Due to the said accident and the injury, she was compelled to resign and in her place, someone else is appointed. Thus the claim petition is lodged seeking compensation of Rs. 4,58,000/-.
Indeed we notice that the claimant has suffered an injury. It is also not in dispute that immediately after the accident, she was admitted to Malathi Memorial Hospital for having suffered the injuries. She was an inpatient from 10.5.2004 to 14.5.2004, that is for a period of 5 days. After discharge, she was adviced to take rest at her residence and to visit the hospital for follow-up treatment. She would certainly claim that she is not in a position to get up or sit down or attend to her day-to-day life and she has engaged the services of a nurse and she is paying a sum of Rs. 2,000/- per month. The doctor is examined as PW2 and he has treated the claimant who was examined as PW1. During the course of his deposition, he would state that the claimant does not suffer from any residual disability and she can involve herself in day-to-day work. He has also admitted in his evidence that before coming to the hospital, the claimant was not able sit, stand or walk and after the treatment she has become physically fit. We notice that claimant has suffered fracture of tail bone which is known as coccyx and there is dislocation of 2nd and 3rd pieces of coccyx with accurate angulation. Coccyx is a triangular bone. It consists of four tiny bones fused together. Coccygodynia is a pain in the region of coccyx. It usually begins after a direct fall striking a hard surface. Local heat may give relief. In prolonged severe disability surgical removal is the choice. In the case on hand we notice that the claimant has not undergone any such treatment. Even the doctor would depose that there is no residual permanent disability and she is physically fit.
Insofar as her losing the job is concerned, the Tribunal has found that there is no material placed by the claimant to show that pursuant to the accident, she has lost her job and someone else is appointed in her place. Be that as it may, we are of the view that she is required to be compensated under the heading of pain and suffering, loss of amenities, loss of earning capacity, if any, and medical expenses. Indeed the evidence in this regard is rather sketchy even though as many as 24 documents are marked. Having regard to the totality of circumstances, without going into niceties as to the headings under which compensation has to be awarded in a case of personal injury, we deem it proper to award global compensation of Rs. 80,000/- under all the heads.
Hence, the following order:
i) The appeal is allowed in part.
ii) The claimant is entitled for compensation of Rs. 80,000/-.
iii) The enhanced compensation shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit.
The appeal stands disposed of accordingly.