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Judgment
N. Ananda, J.—The matter is listed for admission. With the consent of learned counsel for parties, the matter is taken up for final disposal.
The appellant (owner of the vehicle involved in the accident) has filed this appeal for reduction of compensation. The findings of tribunal that the driver of offending vehicle did not possess valid and effective driving license and the insurance company is not liable to pay compensation have attained finality.
Sri. V.B. Siddaramaiah, learned counsel for appellant would submit that compensation awarded by the tribunal is on higher side.
I have gone through the impugned judgment. The claimant had suffered fractures of right tibia and fibula. The fractures were reduced by closed reduction. He was an inpatient for four days. The claimant was aged about 47 years at the time of accident. He was an agriculturist by occupation.
The tribunal has awarded compensation of Rs. 1,11,000/- under the following heads:
The learned counsel for appellant would submit that compensation awarded under the head "pain and sufferings" is on higher side and the assessment of disability at 7% is also on higher side and "loss of earning during laid up period" should have been granted for a period of three months.
In my considered opinion, none of the above submissions is tenable. The claimant had suffered multiple fractures. He was an inpatient for four days and he had been immobalised for a considerable period. In the circumstances, compensation of Rs. 35,000/- awarded under the head "pain and sufferings" cannot be termed as excessive. The claimant was not able to pursue his avocation during the period of treatment. Therefore, compensation of Rs. 18,000/- awarded towards "loss of earning during laid up period" on the premise that claimant was earning a sum of Rs. 3,000/- per month cannot be termed as excessive. The tribunal taking into consideration medical evidence and assessment of disability by the medical officer and also age of the claimant has assessed permanent physical disability vis-�-vis loss of earning capacity at 7% which is just and proper.
There are no reasons to reduce compensation. Therefore, the appeal is dismissed.