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Judgment
K. Kannan, J.—The appeal is for enhancement of claim for compensation for injuries suffered by the claimant. She was said to a teacher and she had been hospitalized on 21.01.1985 and remained in hospital upto 28.02.1985. It was her contention that she could not resume her duty and she had to discontinue her work and rejoined only after 10 months. In the meanwhile, she had terminated from service and reinducted again. For 10 months'' loss of income, the Tribunal provided for Rs. 10,000/- and provided Rs. 40,000/- as a lumpsum payment that included all the other heads.
2 The counsel contends that several heads of claim have not been properly considered. I have not the benefit of any documentary support for his contention, but I attempt to make a reappraisal of the same under various heads by making some projection of what could have been incurred during the relevant time, considering the fact that the accident had taken place about 25 years back.
Several heads of claim are tabulated as below:
Sr.No. Heads of claim Tribunal High Court ______ ______________ ________ __________ Amount (Rs.) Amount (Rs.) Age:34 Occupation:Teacher Period of hospitalization:21.01.1985 to 28.02.1985 1. Loss of earning 10,000 10,000 2. Medical expenses: medicines 2,500 Hospital charges Attendant charges special diet 40,000 5,000 3. Transport 2,000 4. Pain & Suffering- 15,000 per fracture/per surgery @5,000+ @ 2,500 5. Loss of amenities on 25,000 account of disability suffered. ______ ______ Total 50,000 59,500 ______ ______
There shall be a marginal increase of compensation over what has been determined by the Tribunal and the extent of increase shall draw interest at 6% from the date of petition till date of payment.
The counsel for the Insurance Company states that the liability of the Insurance Company is upto the limit of Rs. 50,000/-. The additional amount which has now been awarded will be recovered by the claimant against the insured/owner, who is arrayed as Respondent No. 2 in the appeal.
The appeal is allowed to the above extent.