AI Structured Summary
Not yet generated for this judgment
Judgment
In a road traffic accident occurred on 21.8.2003 the claimant sustained Heel pad avulsion extending upto calcaneum bone about 15 cms in length. He as admitted as an inpatient in a Nursing Home from 21.8.2003 to 2.9.2003. Therefore he lodged a claim petition before the MACT, Bangalore in MVC No. 3624/04. The Tribunal by its order dt.25.1.2007 awarded a total compensation of Rs. 52,000/- . Being not satisfied with the same the present appeal is filed for enhancement.
Having heard the Learned Counsel for the parties, we are of the view that the compensation awarded in a sum of Rs. 5,000/- towards pain and suffering is on lower side considering the nature of injuries caused to the appellant/claimant to his right foot. Therefore, we are inclined to award a further sum of Rs. 20,000/- under the head, pain and suffering.
The Tribunal has not awarded any compensation towards loss of income during the laid up period. Under this head, we are inclined to award a sum of Rs. 20,000/- . Since there is no future loss of income, he is continue to do the same work, the appellant is not entitled for compensation under the head, future loss of income.
In the result, the appeal is allowed-in-part. The appellant is entitled for an enhanced compensation of Rs. 40,000/- with Interest at 6% p.a. from the date of petition till the date of payment.
Considering the marginal increase(sic) in the compensation, the entire amount is ordered to be released to the appellant.