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Judgment
Hon''ble Dr. Justice K. Bhakthavatsala
Learned Counsel for the appellant submits that though the claimant sustained grievous injuries, the Tribunal has not awarded adequate compensation towards relevant heads and he prays for enhancement of compensation.
Learned Counsel appearing for Respondent No. 2 /Insurance Company submits that the Tribunal has awarded adequate compensation and there is no good ground made out for enhancement of compensation.
Perused the impugned judgment.
As per Ex. P4/Wound Certificate, the claimant sustained the following injuries:-
1) Swelling and deformity over the left shoulder and
2) Abrasion of 3x2 cm over left ankle with swelling,
X-ray report showed communited fracture at M/3 L/3 function of clavicle and bimalleolar fracture in the left ankle.
PW. 2/Dr. S. Adyanthaya, has deposed that he operated the claimant and fracture was set with open reduction and internal fixation of left ankle done under: SA on 17.1.3003 and on 25.1.2003, stitches were removed and strapping of the left shoulder was done. The claimant was treated in City Hospital as inpatient for 10 days from 16.1.2003 to 25.1.2003. The claimant deposed that he engaged maidservant by paying Rs. 150/- per day and spent a sum of Rs. 75,000/-towards medical treatment and a sum of Rs. 50,000/- is required for future medical treatment. The claimant has produced medical bills [vide Exs. P5 to P20], in all amounting to 16,922.93. The Tribunal has fixed the income of the claimant at Rs. 100/- per day on the ground that the claimant failed to prove that ha was earning Rs. 75,000/- per month. The Tribunal has awarded compensation in favour of the claimant as under:-
Heads
In Rs.
Pain and Sufferings
30,000/-
Medical Expenses
16,923/-
incidental charges
5,000/-
Loss of earnings during the period of treatment [3000x3]
9,000/-
Future medical treatment
8,000/-
Attendant and special diet expenses
2,000/-
Total
70,923/-
The medical officer/PW. 2 has deposed that he examined the claimant on 23.2.2006 and found that there was union of the bones, but movement of the left shoulder is restricted to 10� as well as the ankle joint to the extent of 10� and total non functional is to the extent of 15�. He has opined that the claimant has got permanent disablement to the extent of 10% to the whole body/ The Tribunal has not accepted the evidence of PW. 2 with regard to permanent disablement to the extent of 10% and therefore no compensation was awarded towards toss of future earnings. The claimant is a resident of Badaga Ulipady village in Mangalore Taluk. The accident occurred in the year 2003, The claimant was 25 years old. It is stated that he was working as a Coolie. the claimant has not proved his income that he was earning Rs. 5,000/- per month, "The Tribunal has reasonably fixed the income of the claimant at Rs. 3,000/- per month. The Tribunal has not awarded compensation towards loss of amenities. Merely because the inpatient record at Ex.P26 does not show follow up treatment, it cannot be said that the claimant has not taken follow up treatment and there is no permanent disablement. Taking into consideration, the evidence of PW. 2, the claimant has undergone operation by open reduction and internal fixation of left ankle and implants still exist in the left ankle. In my view, it is a fit case to award loss of future earnings taking permanent disablement at 10% to the whole body. For removal of implants, the claimant has to undergo one more surgery. Since the claimant was 25 years old as on the date of the accident, multiplier 18 is applicable while awarding compensation towards loss of future earnings, in my view, the claimant is entitled for compensation as under:-
Heads
In Rs. .
Pain and sufferings
40,000/-
Attendant, special diet, conveyance and incidental expenses
15,000/-
Loss of earnings during the period of treatment and rest [3,00x3]
9,000/-
Medical expanses
20,000/-
Future medical expanses
10,000/-
Loss of future earnings [300 x12x18]
64,800/-
Loss of emenities
20,000/-
Total
1,78,800/-
less: Compensation awarded By the Tribunal
70,923/-
Enhanced Compensation
1,07,877/-
The Tribunal has not awarded interest towards the compensation amount of Rs. 8,000/- awarded towards future medical expenses. There is no good ground for not awarding interest towards future medical expenses.
In the result, the appeal is partly allowed holding that the appellant is entitled for additional compensation of Rs. 1,107,877- along with costs and interest at the rate of 6% p.a. from the date of petition till realisation. Accordingly, the impugned judgment and Award are modified.
Respondent No. 2/Insurance Company is directed to deposit the enhanced compensation amount along with the costs and interest with the Tribunal within three months from today.
It is made clear that the appellant /claimant is not entitled for interest for the delay period of 482 days in filing the appeal.