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Judgment
Subhash B. Adi
This is a claimant''s appeal against the judgment and award dated 3.7.2010 in MVC No. 1230/2009 on the file of the MACT Bangalore seeking enhancement of compensation. On appreciation of the evidence on record, the Tribunal has awarded compensation of Rs. .2,43,800/-with interest. Unsatisfied with the same, claimant is before this Court.
The evidence on record reveals that the claimant had suffered fracture of shaft femur in a road accident that occurred on 15.10.2008. He underwent operation on 28.10.2008 of open reduction and internal fixation of both the fracture of neck and shaft of femur with reconstruction nail. It is also noticed that there is fracture of anatormial neck of right humerus and fracture of lower jaw (mandible) in the midline. Claimant was discharged on 6.11.2008. Doctor has assessed disability of 48.9% to the right lower limb and 34% to the whole body. The Tribunal has accepted the same and by taking the income of the claimant at Rs. .3,000/- p.m., has awarded compensation as under:
1.
Compensation towards loss of income
Rs. 1,10,200/-
2.
Compensation towards pain and suffering
Rs. 25,000/-
3.
Compensation towards loss of amenities in life
Rs. 25,000/-
4.
Compensation towards loss of expectancy in life
Rs. 10,000/-
5.
Compensation towards disfigurement
Rs. 10,000/-
6.
Compensation towards loss of income during laid up period
Rs. 18,000/-
7.
Compensation towards medical expenses
Rs. 25,600/-
8.
Compensation towards removal of. implant
Rs. 10,000/-
9.
Compensation towards attendant charges, food and nourishment and conveyance charges
Rs. 10,000/-
TOTAL
Rs. 2,43,800/-
Claimant alleges that he is a maistry and drawing Rs. .300/- per day. The accident is of the year 2009. Atleast, his income could have been taken at Rs. .4,500/- p.m. and disability at 30%. Considering the same, claimant is entitled for Rs. . 1350/- x 12 x 9 = Rs. . 1,45,800/- towards loss of future income as against Rs. . 1,10,200/- awarded by the Tribunal, hence, additional compensation of Rs. .35,600/- is awarded under this head. Since the Tribunal has awarded compensation towards loss of expectancy in life and disfigurement, I do not find any ground to enhance the compensation on other heads. Hence, the claimant is entitled to compensation of Rs. .35,600/- rounded off to Rs. .36,000/-over and above the compensation awarded by the Tribunal, with interest. Accordingly, the appeal is allowed in part.