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Judgment
G.P. Mittal, J.—The Appeal is for enhancement of compensation of Rs. 1,28,645/- awarded to the Appellant for having suffered injuries in an accident which occurred on 09.04.2006.
The Appellant suffered following injuries:
- Serious Head Injury
- Fracture (Right) femur bone (Shaft)
- CLW over left occipital region of Scalp
- As per CT Scan :- Contusional Hematomas in both basi- frontal Lobes & Right Temporal region, sub-dural hematoma in occipital region, fracture of occipital bone
- Fracture femur bone treated with I/L Nailing
- Profusely bleeding
- Abrasions and blunt injuries all over body.
It is urged by the Learned Counsel for the Appellant that the Appellant suffered from Paraosmia, a condition which impairs tastes and smell sensation. A certificate Ex. PW2/11 issued by Dr.(Brig) Ved Prakash, Consultant Neurosurgeon to this effect was proved by the Appellant.
The Learned Counsel for the Appellant submits that the Appellant was working from home as she was giving tuitions and carrying out medical transcription work on contact basis. She was earning Rs. 8,000/- per month. She proved the certificates Exhibits PW2/74 to PW2/78 regarding her qualification, including Oracle Course and a certificate issued by SAR Institute of Medical Transcription, Rohini. It is urged that the Appellant was unable to attend to the work for a period of seven months.
With the nature of injuries suffered, it can be assumed that the Appellant must have been incapacitated to work for at least two months.
The compensation needs to be enhanced. The compensation is re-assessed as under:
S.No.
Head of Compensation
Granted by the Claims Tribunal
Granted by this Court
1.
Compensation on account of Medicines/Treatment
Rs. 76,645/-
Rs. 76,645/-
2.
Loss of Amenities in Life
Rs. 15,000/-
Rs. 25,000/-
3.
Pain and Suffering
Rs. 25,000/-
Rs. 25,000/-
4.
Conveyance and Special Diet
Rs. 12,000/-
Rs. 12,000/-
5.
Loss of Work for Two months( Rs. 8000 X 2)
-
Rs. 16,000/-
Total
Rs. 1,28,645/-
Rs. 1,54,645/- R
The overall compensation is thus enhanced from Rs. 1,28,645/- to Rs. 1,54,645/- which shall carry interest @ 7.5% per annum from the date of filing of the Petition till the date of payment.
The Respondent No. 3 the ICICI Lombard General Insurance Company Ltd. is directed to deposit the enhanced amount of Rs. 26,000/- along with interest within six weeks with the Registrar General of this Court.
The amount shall be released to the Appellant on deposit.
The Appeal is allowed in above terms.