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Judgment
N. Ananda, J.—This is a claimant''s appeal for enhancement of compensation.
I have heard Sri. M.S. Rajendra Prasad, learned Senior Counsel for insurance company.
As result of accident, claimant had suffered following injuries:
a) Circumferential degloving injury of the left upper limb extending from the mid arm to the writ exposing the crushed muscles.
b) Fracture of upper end of ulna.
The claimant was treated in A.J. Hospital and Research Centre at Mangalore. He was an inpatient from 22.08.2006 to 11.09.2006. He underwent operation for reduction of fractures. At the time of accident, the claimant was aged about 23 years. The claimant has contended that he was working as Mechanic in M/s. Arvind Motors on a monthly salary of Rs. 5,000/- however, he has failed to substantiate the same.
The Tribunal has awarded global compensation of Rs. 85,900/-. The Tribunal has not awarded compensation under different heads.
As per evidence of P.W. 2 - Dr. Sudarshan Bhandary and photographs marked as per Ex. P92 and Ex. P93, the left upper limb of claimant is in a deformed state. The left elbow joint is fused. The left fore arm is swollen. There are ugly scars extending from lower end of the upper arm to the lower 1/3rd of the forearm. Considering the permanent physical disability of left fore arm, the permanent physical disability vis-a-vis loss of earning capacity is assessed at 20%. The claimant had completed SSLC examination in First Class. He has also completed Job Oriented Course. Therefore, the income of claimant is determined at Rs. 3.000/- per month. The claimant, had spent substantial amount for medical expenditure. Therefore, compensation awarded by the Tribunal is modified as follows:
I Pain and suffering - Rs. 25,000 II Loss of arnenities and enjoyment of life - Rs. 25,000 III Loss of earning during laidup period - Rs. 9,000 (Rs. 3,000 x 3) IV Medical expenses - Rs. 40,000 V Incidental charges, conveyance and Nourishment - Rs. 5,000 VI Loss of earning capacity and future Loss of earnings (Rs. 3.000 x 12 x 18 x .20) - Rs. 1,29,600 Total - Rs. 2,33,600 Rounded off to - Rs. 2,34,000
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. 85.900/- awarded by tribunal to Rs. 2,34,000/-.
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.