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Judgment
N. Ananda, J.—This is a claimant''s appeal for enhancement of compensation.
I have heard Sri. H. Pavanachandra Shetty, learned Counsel for claimant and Sri. Raghu, learned Counsel Sri. H.S. Lingaraj, learned Counsel for insurance company.
As a result of accident, the claimant had suffered following:
a) Traumatic amputation of the right middle toe
b) Fracture of 2nd metatarsal shaft.
The claimant was treated in K.S. Hegde Hospital at Mangalore and Netaji A. Yellappa Memorial Charitable Hospital at Mangalore. On subsequent examination of claimant, PW.2-Dr. Lawrence Mathais has assessed the partial permanent physical disability at 10% to right lower limb and for whole body at 4%. At the time of accident, the claimant was aged about 28 years and he was sustaining by manual work.
The Tribunal has awarded compensation of Rs. 35,800/- under following heads:
I Injury, pain, suffering and shock
Rs. 20,000
II Medical expenses
Rs. 3,800
III Loss of amenities and enjoyment of life
Rs. 10,000
IV Food and attendant charges and Incidental expenses
Rs. 2,000
Total
Rs. 35,800
On hearing the learned Counsel for parties and on reconsideration of the matter, I find that the Tribunal should have awarded compensation towards ''loss of earning capacity''. The Tribunal should have awarded compensation under the head ''loss of earning during laid up period''. The compensation awarded under the head ''loss of amenities and enjoyment, of life'' is inadequate. Therefore, compensation awarded by the Tribunal is modified as follows:
I Pain and suffering
Rs. 20,000
II Medical expenditure
Rs. 4,000
III Loss of amenities
Rs. 20,000
IV Loss of earning during laidup period
Rs. 12,000
V Food, nourishment and attendant Charges
Rs. 2,000
VI Loss of earning capacity and Future loss of earnings (Rs. 3,000 x 12 x 17 x 04)-24,480 Rounded off to
Rs. 25,000
Total
Rs. 83,000
Thus, claimant is entitled to total compensation o[ Rs. 83,000/-.
In the result, I pass the following:
ORDER
i) Appeal is accepted in part.
(ii) The impugned award is modified by enhancing compensation of Rs. 35.800/- awarded by tribunal to Rs. 83,000/-
(iii) The rest of the award as it relates to rate of interest, period of accrual of interest and liability of Respondents is confirmed.
(iv) The payment and investment shall be in the ratio evolved by the tribunal.
Parties to bear their costs.