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Judgment
N. Ananda, J.—This is a claimants'' appeal for enhancement of compensation. I have heard Sri. H.J. Anand, learned counsel for claimant and Sri. Shrishaila, learned counsel for insurance company.
As per wound certificate, issued by the District Hospital at Hassan claimant had suffered following injuries:
i) Abrasion measuring 1 x 1/2 cm on the left index finger.
ii) Abrasion measuring 1/2 x 1/2 cm on the occipit.
iii) Abrasion measuring 1 x 1/2 cm over the right leg.
iv) Tenderness over front of chest and right leg.
v) Extra dural haematoma on the right temporal area.
vi) Fractures of 4th and 5th metacarpal.
The claimant had not produced the case sheet and treatment records to prove severity of injuries and physical disability, if any. The claimant had not examined the Doctor who treated him to prove that he had suffered permanent physical disability. Yet the fact remains, claimant having suffered aforestated injuries, had suffered miserable pain and agony. The claimant had been disabled from attending to his work for a considerable period. The claimant will have residual effects consequent to injuries suffered in the accident. Therefore, I award additional compensation of Rs. 10,000/- towards ''pain and suffering'', additional compensation of Rs. 10,000/- towards ''loss of earnings during laid up period'' and compensation of Rs. 10,000/- towards ''loss of amenities and enjoyment of life''. Thus, claimant is entitled to total compensation of Rs. 46,500/-.
In the result, I pass the following:
ORDER
(i) The appeal is accepted in part.
(ii) The impugned award is modified by enhancing compensation of Rs. 16,500/- to Rs. 46,500/-
(iii) The rest of the impugned award is confirmed.
Sri. Shrishaila, learned counsel is permitted to file Vakalath for second respondent-M/so. United India Insurance Co. Ltd., within two weeks from today.