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Judgment
S.N. Satyanarayana, J.—Claimant in MVC. No. 6046/2011 on the file of MACT, Bengaluru, has come up in this appeal seeking enhancement of compensation for the injuries suffered in a road traffic accident dated 13.9.2011. Though this appeal has come up for admission, since the lower court record is received, at the request of counsel for the parties, it is taken up for final disposal. The claimant is presently working as Accounts Auditor, ORs, ASC (South), Ulsoor, Bengaluru. According to him, he met with accident on 13.9.2011 at about 9.45 p.m., while riding the moped bearing registration No. KA-50/E. 5307 near State Bank of India, Yelahanka New Town Main Road, Bengaluru. According to him, the accident is caused due to rash and negligent driving of Canter bearing registration No. KA-01/A. 363 resulting in following injuries:
"1. Abrasion right clavicle, chest,
Muscle tear on right hand,
Fracture'' of right wrist,
Right leg muscle tear,
Facial injuries and other injuries."
In the proceedings before tribunal, the claimant has adduced evidence as P.W. 1 and he also examined the doctor, who treated him as P.W. 2. The evidence available on record would indicate, that the claimant was treated for aforesaid injuries with skin grafting and plastic surgery to set right the right hand and right leg of claimant. It is seen that he has incurred substantial amount towards treatment. Therefore, the tribunal while considering the injuries suffered by claimant has awarded compensation in a sum of Rs. 2,20,000/- towards medical expenses, which is incurred by claimant during the period of hospitalization for 14 days and Rs. 10,000/- is also awarded towards transport, nourishment and attendant charges.
In addition to that, the tribunal has awarded Rs. 50,000/- towards pain and suffering, Rs. 50,000/- towards permanent disability and Rs. 50,000/- towards loss of amenities for the reason that claimant being a defence/government officer, there is no loss of either income during laid up period or future income. However, the tribunal has also awarded Rs. 96,300/- as loss of income to him during laid-up period. So far as this head of compensation is concerned, there is no document available on record which would indicate that claimant is entitled to aforesaid sum as compensation towards loss of income during the period when he was under treatment. As stated supra, claimant being a defence/government employee, even if he is under treatment, he is entitled to the benefit of medical leave, which is leave with full salary. Therefore, question of there being any loss of income during laid up period would not arise. It is further seen that as on today he is working in the same office without any demotion from the job, which would clearly indicate that there is no loss of future income also. In that view of the matter, the tribunal has already awarded a sum of Rs. 96,300/- towards loss of income during laid up period by tribunal when claimant is not entitled to that. When the said amount is itself in excess of what claimant is entitled to, question of considering this appeal for enhancement of compensation does not arise Accordingly, this appeal is dismissed at the stage of admission itself.