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Judgment
N. Ananda, J.—This is a claimant''s appeal for enhancement of compensation. I have heard learned Counsel for parties.
As a result of accident, claimant had suffered following injuries.--
I. Lacerated wound over right supro clavicular region, measuring 2 c.ms. x 1 c.m.
II. Fracture of right clavicle.
III. Fracture of right tibia.
IV. Fracture of right IV rib.
Even after complete treatment, claimant suffers from following disabilities.--
I. Swelling of right foot.
II. Restricted movements of right knee joint.
III. Restricted movements of right shoulder joint.
The claimant was aged about 35 years at the time of accident. The claimant has contented that she was a tailor by occupation. She has not produced any documentary evidence in proof of the same. The Tribunal has determined income of claimant at Rs. 3,000/- per month and permanent physical disability vis-a-vis loss of earning capacity at 25% of right lower limb.
The Tribunal has awarded compensation of Rs. 1,90,000/- under following heads.--
The Tribunal has awarded compensation of Rs. 5,000/- towards ''loss of amenities and enjoyment of life", which is inadequate. Therefore, I award additional compensation of Rs. 20,000/- towards "loss of amenities and enjoyment of life". The Tribunal has awarded compensation of Rs. 5,000/- towards "pain and suffering". Therefore, I award additional compensation of Rs. 15,000/- towards "pain and suffering". The Tribunal has not awarded compensation towards "loss of earnings during laid up period". Therefore, I award compensation of Rs. 15,000/- towards "loss of earnings during laid up period". Apart from this, compensation awarded by Tribunal under other heads does not call for interference. Thus, claimant is entitled to total compensation of Rs. 2,40,000/-. In the result, I pass the following.--
ORDER
The appeal is accepted in part. The impugned award is modified, compensation of Rs. 1,90,000/- awarded by Tribunal is enhanced to Rs. 2,40,000/-. The rest of the impugned award as it relates to rate of interest, period of accrual of interest, payment and investment is confirmed.