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Judgment
N. Ananda, J.—This is a claimant''s appeal for enhancement of compensation.
Heard Sri Pradhan, learned Counsel for claimant and Sri M. Narayanappa, learned Counsel for Insurance Company.
As a result of accident, claimant had suffered fracture of left public rami. He was treated in K.C General. Hospital, Bangalore. The fracture was treated by conservative methods. He was an in-patient from 6.11.2008 to 11.11.2008. Thereafter, he was under follow up treatment. P.W. 2 Dr. T.S. Prabhakar, on subsequent examination of claimant had state that claimant has permanent physical disability of left lower limit. He has gross limping (sic) left side(sic) He has wasting of calf muscles, restricted movements of left hip joint. He has assessed permanent physical disability of left lower limb at 45% and 15% of the whole body. the claimant was aged about 48 years at the time of accident. The claimant has unsuccessfully contended that he was a mason by occupation.
The tribunal has determined the income of deceased at Rs. 4,000/- p.m. and awarded compensation of Rs. 1,50,400/- under following heads:
1) Pain and suffering Rs. 40,000/-
2) Medical expenditure Rs. 5,000/-
3) Lass of earning during laid up period Rs. 16,000/-
4) Loss of future income Rs. 62,400/-
6) Conveyance, food and nourishment expenses Rs. 12. 000/ -
Total Rs. 1,50,400/-
On hearing the learned Counsel for parties and after going through the impugned records, I find that the tribunal has not awarded compensation towards future medical expenditure'', The compensation awarded by the tribunal towards ''loss of amenities'' and towards loss of earning capacity and future loss of earnings'' is inadequate.
Therefore, I modify compensation awarded by the tribunal as under:
1) Pain and suffering Rs. 40,000/-
2) Medical expenditure Rs. 5,000/-
3) Loss of earning during laid up period Rs. 16,000/-
4) Loss of amenities Rs. 20,000/-
5) Loss of earning capacity and future less of earnings (Rs.4,000 x 12 x 13 x 15)
Rs. 93,000/-
6) Conveyance, nourishment and incidental charges Rs. 10,000/-
7) Future medical expenditure Rs. 5,000
Total Rs. 1,89,600/-
Thus, claimant is entitled to total compensation of Rs. 1,89,600/-.
In the result, I pass the following order:
The appeal is accepted in part. The impugned award is modified. Compensation of Rs, 1,50,400/-. awarded by the tribunal is enhanced to Rs. 1,89,600/. The rest of the impugned award as it relates to rate, of interest, period of accrual of interest and liability of Respondents is confirmed. The payment and investment shall be in the ratio evolved by the tribunal. Patties are directed to bear their costs.