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Judgment
N. Ananda, J.—This is a claimant''s appeal for enhancement of compensation.
I have heard Sri. N. Gopalakrishna, learned Counsel for claimant and Smt. Lalitha, learned Counsel for Sri. M.S. Mandanna, learned Counsel for insurance company.
As a result of accident, the claimant had suffered following injuries:
a) Fracture of mid shaft of right femur
b) Fracture of Distal end of right radius
c) Fracture of 5th metacarpal ray of right hand
d) Loss of two upper left incisor teeth.
The claimant was treated in S.N.R. Hospital at Kolar. As per the evidence of P.W. 2 - Dr. M. Shanmugam, even after complete treatment, the claimant has restricted movements of right lower limb. The fracture of mid shaft of right femur is malunited. He has restricted movements of right knee joint and right ankle joint. He has assessed the permanent physical disability with reference to right upper limb and right lower limb at 85% and 42.5% with reference to whole body.
The claimant had made an unsuccessful attempt to prove that he was an Auto rickshaw Driver and earning Rs. 4,000/- per month. The claimant has produced the copy of Driving License marked as per Ex. P6, which does not disclose his name. Even the photograph found on Ex. P6 is not that of the claimant. Yet, the fact remains that he was sustaining by manual work. I determine his income at Rs. 3,000/- per month. The claimant was aged about 27 years at the time of accident. The Tribunal has awarded compensation of Rs. 1,99,100/- under following heads:
I Pain and suffering - Rs. 40,500 II Loss of amenities - Rs. 5,000 III Loss of future earnings due to disability - Rs. 1,53,600 Total - Rs. 1,99,100
After going through evidence and the impugned judgment, I am of the opinion that the Tribunal has not awarded compensation towards ''loss of earnings during laid up period''. The claimant has to undergo operation for removal of implants. Therefore, some provision should be made for future medical expenditure. Therefore, compensation awarded by the Tribunal is modified as follows:
I Pain and suffering - Rs. 40,000 II Loss of amenitie - Rs. 40,000 III Medical expenses - Rs. 1O,000 IV LOSS of earning during laid up period - Rs. 15,000 (Rs. 3,000 x 5) V Loss of earning capacity and Future less of earnings (3,OOO x 12 x 17 x 20) - Rs. 1,22,400 VI Future medical expenditure - Rs. 20,000 Total - Rs. 2,47,400 Rounded off to - Rs. 2,47,500
Thus, the claimant is entitled to total compensation of Rs. 2,47,500/-
In the result, I pass the following:
ORDER
(i) Appeal is accepted in part.
(ii) The impugned award is modified by enhancing compensation of Rs. 1,99,100/- awarded by tribunal to Rs. 2,47,500/-.
(iii) The rest of the award as it relates to rate of interest, period of accrual of interest and liability of Respondents is confirmed.
(iv) The payment and investment shall be in the ratio evolved by the tribunal. Parties to bear their costs.