G. Chandramohan Reddy vs The Managing Director B.M.T.C and United India Insurance Company Ltd.

N. Ananda, J.—This is a claimant''s appeal for enhancement of compensation.

I have heard Smt. Leela, learned Counsel for claimant and Sri D. Vijayakumar, learned Counsel for Insurance Company.

As a result of injuries, claimant had suffered following injuries:

I. Contusive head Injury

II. Fracture of nasal bone

III. Fracture of lateral and medial wall of right maxillary sinus

IV. Dentoalveolar fracture of upper right anterior dento alveolar segment and post displacement

V. Abrasion below Knee, both hands and feet

The claimant was treated in Mallya Hospital at Bangalore. The fractures were conservatively treated.

At the time of accident, claimant was aged about 22 years and he was studying in v. semester B.E. (Computer Science). Though PW2-Dr. Sunil Kumar has assessed permanent physical disability, nature of injuries and avocation of claimant would not justify the assessment of functional disability.

The Tribunal has awarded compensation of Rs. 1,03,290/- under following Heads:

I. Pain and suffering : Rs. 35,000/- II. Medical expenses : Rs. 33,290/- III. Incidental expenses : Rs. 10,000/- IV. Permanent disability & loss of amenities & enjoyment of life : Rs. 25,000/- Total : Rs. 1,03,290/-

As already stated, claimant was aged about 22 years at the time of accident. As a result of fracture of nasal bone and fracture of maxillary bone, claimant has partial permanent disfiguration of his face. The Tribunal has not awarded compensation under the head "loss of marital prospects". Therefore. I award compensation of Rs. 25,000/- under the head "loss of marital prospects". The Tribunal should have made some provision for "future medical expenses" as claimant had suffered fracture of nasal bone and fracture of maxillary bone. Therefore, I award compensation of Rs. 15,000/- under the head "future medical expenses". I do not find any discrepancies in the compensation awarded under other heads. Thus, claimant is entitled to total compensation of Rs. 1,43,290/-.

In the result, I pass the following:

ORDER

The appeal is accepted in part. The impugned award is modified. Compensation of Rs. 1,03,290/- awarded by Tribunal is enhanced to Rs. 1,43,290/-. The rest of the impugned award as it relates to rate of interest, period of accrual of interest and liability of Respondents is confirmed. As the claimant is a B.E. graduate, the entire enhanced compensation along with accrued interest shall be paid to him. Parties are directed to bear their costs.