H.M. Adarsh vs Divisional Manager K.S.R.T.C.

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

I have heard learned counsel for parties.

As per medical evidence and medical records, claimant had suffered auto amputation of left great toe and lacerated wound on II left toe. The claimant was aged about 16 years at the time of accident. There is no convincing evidence regarding his avocation.

The Tribunal has awarded compensation of Rs. 89,310/- under following heads:-

On hearing the learned counsel for parties and after going through the records and the impugned judgment, I find compensation awarded by Tribunal towards "loss of amenities & enjoyment of life" is on the lower side. The Tribunal has not awarded compensation under the heads "loss of earnings during laid up period" and "future medical expenses". The claimant was aged about 16 years at the time of accident. The loss of left great toe and injury to II left toe may have some bearing on his marital prospects and he cannot have normal gait. Having regard to all these facts, I award additional compensation of Rs. 25,000/- towards "loss of amenities & enjoyment of life". Having regard to peculiar disability, it is necessary to make provision for "future medical expenses". Therefore, I award compensation of Rs. 10,000/- towards "future medical expenses". I also award compensation of Rs. 5,000/- towards "loss of earnings during laid up period" on the basis of notional income of claimant. The compensation awarded under other heads does not call for interference. Thus, claimant is entitled to additional compensation of Rs. 40,000/- and total compensation of Rs. 1,29,310/-.

In the result, I pass the following:-

ORDER

The appeal is accepted in part. The impugned award is modified. Compensation of Rs. 89,310/- awarded by Tribunal is enhanced to Rs. 1,29,310/-. The rest of the impugned award as it relates to rate of interest and period of accrual of interest is confirmed.