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Judgment
N. Ananda, J.—This is a claimant''s appeal for enhancement of compensation.
Heard Sri Chandra, learned Counsel for claimant and Sri K. Suryanarayana Rao, learned Counsel for Insurence Company.
As a result of accident, claimant had suffered following injuries:
1) lacerated wound over the occipital region measuring 5 1/2x1 inches
2) simple fracture of mid-shaft region left humerus
3) bruise on mid-shaft region of right humerus bone measuring 5 1/2 x 4 3/4 inches.
The claimant was treated in Kasturba Hospital. Fracture was reduced by open reduction and internal fixation. At the time of accident, claimant Was working as a Lineman in MESCOM on salary of Rs. 9,800/-
The tribunal has awarded compensation of Rs. 37,170/- under following heads:
1) Pain and suffering Rs. 18,000/-
2) Medical expenditure Rs. 5,590/-
3) Loss of earning during laid up period Rs. 3,580/-
4) Loss of amenities Rs. 5,000/-
5) Special diet, nursing and attendant charges Rs. 3,500/-
6) Conveyance charges Rs. 1,500/-
Total Rs. 37,170/-
On hearing the learned Counsel for parties and after going through the evidence and impugned award, I find that compensation awarded under the heads ''pain and suffering'' and ''loss of amenities'' is inadequate. The tribunal has not awarded appropriate, compensation towards ''attendant and transportation charges'', The tribunal has not made any provision for ''future medical expenditure''.
Therefore, 1 modify compensation awarded by the tribunal as under:
1) Pain and suffering Rs. 25,000/-
2) Medical expenditure Rs. 6,000/-
3) Loss of earning during laid up period Rs. 3,500/-
4) Loss of amenities Rs. 25,000/ -
5) Special diet, nursing attendant charges Rs. 4,000/-
6) Conveyance charges Rs. 2,000/-
7) Future medical expenditure Rs. 10,000/-
Total Rs. 75,500/-
The claimant is entitled to total compensation of Rs. 75,500/-.
In the result, I pass the following order:
The appeal is accepted in part. The impugned award is modified. Compensation of Rs. 37,170/- awarded by the tribunal is enhanced to Rs. 75,500/- The rest of the impugned award as it relates to rate of interest, period of accrual of interest and liability of Respondents is confirmed. The payment and investment shall be in the ratio evolved by the tribunal. Parties are directed to bear their costs.