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Judgment
Dr. Bhakthavatsala, J.—Learned counsel appearing for the appellant prays for enhancement of compensation, He submits that claimant sustained grievous injuries resulting in permanent partial disablement to the whole body and the Tribunal has fixed income of the claimant at Rs. 3,000/- per mouth though he was earning Rs. 6,000/- per month as an agriculturist and silk worm rearer. He prays for enhancement of compensation. Sri P.R.Ramesh, learned counsel appearing for impendent No. 1/Insurance company submits that the Tribunal has granted adequate compensation and there is no good ground for enhancement of compensation.
We have perused the L.C.R.
The motor accident occurred on 13-9-2002. Claimant was aged 55 years. As per Ex.P-4, claimant sustained fracture of Type II compound of tibia and middle & lower 3rd with butterfly fragment, Claimant was treated as in-patient in R.L. Jalappa Hospital & Research Centre at Kolar, It is submitted that claimant was discharged on 10-10-2002, As per Ex.P-7, claimant was re-admitted to the above said hospital on 9-11-2002 and discharged on 15-11-2002. Again, the claimant was admitted to Jayanagar Orthopaedic Centre, Bangalore on 25-11-2002 and discharged on 30-11-2002. For removal of screw under SA, again claimant was admitted to Jayanagar Orthopaedic Centre, Bangalore on 17-1-2003 and discharged on 22-1-2003. In view of the compound fracture of tibia, Tribunal is justified in fixing permanent disablement to the extent of 14% to the whole body. Tribunal has awarded a sum of Rs. 76,027/- towards medical expenses, Keeping in view that the claimant is an agriculturist owning agricultural lands and also silk worm rearer/licencee, though his income at Rs. 6,000/- per month is not proved. In our view, taking into consideration the wage structure of agriculturist in the year 2002 as well as the claimant being owner of agricultural lands, it would meet the ends of justice if income of the claimant is fixed at Rs. 4,200/- per month. The claimant was admitted to hospital on four occasions and treated as in-patient for fracture of tibia. He required six months time in all to take treatment and rest. In our view, the claimant is entitled for compensation towards loss of earning for a period of six months, We award compensation as under:
1)
Pain and suffering
Rs. 40,000/-
2)
Medical expenses
Rs. 76,027/-
3)
Attendant, conveyance, Special Diet and incidental expenses
Rs. 20,000/-
4)
Loss of earning during the period Of treatment (4.200x6)
Rs. 25,200/-
5)
Loss of future earning (4200x12x11x14%)
Rs. 77,616/-
6) Loss of amenities
Rs. 20,000/ -
Total
Rs. 2,58,843/-
Less; compensation awarded By the Tribunal
Rs. 1,75,567/-
Balance
Rs. 83,276/-
In the result, appeal is partly allowed holding that appellant is entitled to additional compensation of Rs. 83,276/- along with costs and interest at 6% p.a. from the date of petition till the date of realization. Accordingly, impugned judgment and award are modified. Respondent No. 1/Insurance company is directed to deposit additional compensation amount along with costs and interest with the Tribunal within three months from today.