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Judgment
Subhash B Adi
This appeal and cross-objection are directed against the judgment and award dated 11.12.2006 in MVC No. 10/2002 on the file of the MACT, Kolar. Appeal is filed by the insurer questioning the quantum of compensation whereas cross objection is filed by the claimant seeking enhancement of compensation.
On appreciation of the evidence on record, the Tribunal has awarded compensation of Rs. .2,19,323/-with interest,
Claimant had suffered five injuries as under:
(1) Abrasion in left lower left limb
(2) Abrasion over the shoulder
(3) Sulgaleal Haemotama
(4) Multiple abrasion over face
(5) Left temper parietal extra dural haematoma
Amongst the injuries, injury No.5 is treated as grievous in nature. Claimant was admitted to the hospital for 13 days. Doctor has assessed disability of 30% to the whole body and Tribunal has accepted the same. Doctor has stated that there is short of memory and also claimant gets headache when he exposes himself to sun. Though 30% disability has been stated, in my opinion. 30% is not in consonance with the nature of injury. There is no evidence for loss of memory. It is not known as to how memory fails. However, looking into the nature of injury, 15% disability could be taken. The income has been rightly taken by the Tribunal at Rs. .3,000/- p.m. Hence, claimant is entitled for Rs. .450/- x 12 x 18 = Rs. .97.200/- towards loss of future income as against Rs. . 1,83,600/-awarded by the Tribunal, hence, compensation is reduced by Rs. .86.400/- under this head. However, compensation towards pain and suffering and loss of amenities is on the lower side. Hence, on these heads, claimant is entitled for global compensation of Rs. .50.000/-. Hence, the compensation is reduced by Rs. .36,400/-.
Accordingly, appeal filed by the insurer is allowed in part. Cross-objection tiled by the claimant is dismissed. Amount in deposit be refunded to the appellant.