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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. B.S. Vivek, learned Counsel for insurance company.
As o result oi the accident, the claimant had suffered abrasion over nose measuring 2x2 cms., fracture of III, IV, V, VI ribs of right side, fracture of right clavicle and haemothorax. The claimant was treated in Kasturba Hospital at Udupi. At the time of accident, the claimant was aged about 45 years. He was working as an Autorickshaw Driver.
The Tribunal has awarded compensation of Rs. 75,000/- under following heads:
I Pain and sufferings
Rs. 30,000
II Conveyance
Rs. 2,000
III Attendant and nourishing food
Rs. 3,000
IV Medical Expenses
Rs. 21,300
V Loss of income during treatment Period
Rs. 9,000
VI Discomfort and loss of amenities
Rs. 10,000
Total
Rs. 75,300
On hearing the learned Counsel for parties, and on reconsideration of the matter, I find that compensation awarded under the head loss of amenities'' is on lower side; so also, compensation awarded towards ''loss of earning during laid up period''. Therefore, additional compensation of Rs. 10,000/- is awarded under the head ''loss of amenities'' and additional compensation of Rs. 6,000/- is awarded towards ''loss of earning during laid up period''.
The claimant apart from producing the documents has not examined the Doctor who treated him and there is no assessment of disability. In the circumstances, he is not entitled for compensation under the head ''future loss of earning and earning capacity''.
Thus, the claimant is entitled to total compensation of Rs. 91,300/- rounded off to Rs. 91.500/-.
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. 75,300/awarded by tribunal to Rs. 91,500/-
(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.