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Judgment
Subhash B Adi
This is a claimant''s appeal against the judgment and award dated 3.5.2010 in MVC No. 346/2008 on the file of the MACT, Davanagere seeking enhancement of compensation.
On appreciation of the evidence on record, the Tribunal has awarded compensation of Rs. . 1,11,883/ with interest. Unsatisfied with the same, claimant is before this Court.
Claimant had suffered extra dural hemorrhage over left temporal region. He was treated as inpatient. Doctor has assessed 25% disability. Claimant is a businessman and a Yoga teacher. The Tribunal, having regard to the same, has awarded compensation as under:
1.
Medical expenses, attendant, food and nourishment
Rs. . 15,000/-
2.
Loss of income during laid off period and rest
Rs. . 9,900/-
3.
Injury pain and suffering
Rs. . 25,000/-
4.
Loss of amenities of life and discomfort
Rs. 20,000
5.
Future loss of income
Rs. . 41,983/-
TOTAL
1,11,883/-
In so far as the disability is concerned, the Tribunal has taken 8.33% disability. It is not known as to whether 25% disability as assessed by the Doctor is to the whole body or to the limb. However, at least 10% disability could be taken and the income could be taken at Rs. .4,500/- p.m. Considering the same, claimant is entitled for Rs. . 450 x 12 x 14 = Rs. .75,600/- towards loss of future income as against Rs. . 41,983/- awarded by the Tribunal, hence, additional compensation of Rs. .33,617/-rounded off to Rs. . 34,000/- is awarded under this head. Claimant is also entitled for additional compensation of Rs. 5,000/- towards incidental expenses and. Rs. . 5,000/-towards loss of income during laid up period. In all, the claimant is entitled to compensation of Rs. . 44,000/- over and above the compensation awarded by the Tribunal, with interest.
Accordingly, the appeal is allowed in part.