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Judgment
N. Ananda, J.—The claimant has filed this appeal for enhancement of compensation. I have heard Sri. K.T. Gurudeva Prasad, learned counsel for claimant and Sri. Ananda Bhyrava, learned counsel for Sri. K.N. Srinivasa, learned counsel for Insurance Company.
The claimant had suffered following injuries:-
I. External wound measuring 0.5 cm on right knee
II. Crackling present over right patella
III. Hematoma present & movements restricted
The claimant was treated in Apollo Hospitals at Bangalore.
The Tribunal has awarded compensation of Rs. 1,48,500/- under following heads:-
The learned counsel for claimant would submit that Tribunal has awarded meager compensation of Rs. 13,500/- towards "loss of earnings during laid up period" on the premise that claimant was earning salary of Rs. 4,500/- per month, contrary to the contents of Leave Certificate (Ex. P.8). The Tribunal has not awarded adequate compensation towards "future medical expenses".
The learned counsel for Insurance Company would justify the impugned award.
As could be seen from records, claimant was working as an I.T. Support Engineer in M/s. HCL Infosystem Limited and he was drawing net salary of Rs. 17,392/- as per Ex. P.9. The Leave Certificate issued by the employer of claimant (Ex. P.8) would reveal that claimant had availed medical leave, without salary from 25.07.2009 to 10.01.2010. In the circumstances, Tribunal was not justified in determining salary of claimant at Rs. 4,500/- per month.
The claimant had to incur expenditure out of his pocket to attend to his work. Therefore, I determine income of claimant at Rs. 15,000/- per month and duration of leave without salary is taken as five months. Thus, claimant is entitled to additional compensation of Rs. 61,500/- towards "loss of earnings during laid up period". The claimant is entitled to additional compensation of Rs. 10,000/- towards "future medical expenses". Thus, claimant is entitled to additional compensation of Rs. 71,500/- and total compensation of Rs. 2,20,000/-. In the result, I pass the following:-
ORDER
The appeal is accepted in part. The impugned award is modified, compensation of Rs. 1,48,500/- awarded by the Tribunal is enhanced to Rs. 2,20,000/-. The rest of the impugned award as it relates to rate of interest and period of accrual of interest is confirmed. Considering qualification and post held by claimant, investment is dispensed.