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Judgment
We notice that the Respondents are served and unrepresented.
Even though the appeal is listed for admission, we have taken it up for final disposal.
This appeal is by the claimants. They are seeking for enhancement.
The claimant has suffered the following injuries:
(i) Left Trochanter jointer.
(ii) Fracture of Talus.
(iii) Cudoid.
(iv) Calcaneum
(v) Medial Malleolus and
(vi) Proximal phlox of great toe on left side and injury all of the body.
The Tribunal having regard to the nature of injuries has awarded a sum of Rs. . 79,000/- as compensation.
Learned Counsel appearing for the Appellant-claimant submits that having regard to the nature of injuries, the amount as awarded under the head of pain and suffering; loss of amenities and future medical expenses warrants interference.
We have perused the judgment and award passed by the Tribunal.
Indeed, Ex.P9 is a discharge summary, which discloses that the claimant was admitted to Shanbhog Nursing Home from 24.1.2000 to 12.2.2000 and he was re-admitted to the said hospital on 14.6.2000 to 16.6.2000. The entire duration of hospitalisation is about 23 days.
Having regard to the nature of injuries as well as the resultant disability, we are of the view that the claimant-Appellant is entitled for enhancement. More so, having regard to the evidence of PW2 the Doctor. Hence on re-calculation, the compensation awardable to the claimant would be as follows:
Pain and Suffering
Rs. . 40,000/-
Medical Expenses
Rs. . 20,000/-
Loss of amenities
Rs. . 35,000/-
Loss of earning
Rs. . 9,000/-
Future medical expenses
Rs. . 15,000/-
Total
Rs. . 1,19,000/-
Thus, the total compensation awardable to the claimant is Rs. . 1,19,000/-.Hence, the following order is passed:
(i) Appeal is accepted in part.
(ii) The claimant-Appellant is entitled for compensation of Rs. . 1,19,000/-.
(iii) The Appellant is entitled for interest at the rate of 6% p.a. from the date of petition till the date of deposit on the enhanced compensation.
(iv) Appeal stands disposedof accordingly.