M.S. Basavaraj Gowda vs Managing Director VRL Logistics Ltd. and Regional Manager Oriental Insurance Co. Ltd.

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

Heard Sri Shreyas, learned Counsel for claimant and Sri M.S. Sriram, learned Counsel for Insurance Company.

As per medical records and evidence ofPW-2 Dr. I. Suresh, claimant had suffered following injuries:

1) Type IV C compound fracture of the right leg with loss of skin and soft tissues including muscle of the anterolateral and posterior compartment of lower two third of right leg and ankle.

2) Fracture fibula lower one third with loss of distal fibula, fracture tibia with talus and calcaneal chip fracture right leg.

3) Unstable fracture dislocation of right ankle.

4) Exposed lower half of right tibia and ankel mortise

5) Cut and thromboses peroneal vessels with loss of distal half of vessels.

The claimant was treated in Harsha Hospital at Nelamangala and later he was admitted in KIMS. The claimant was admitted as in-patient for a period of four days from 22.12.2007 to 25.12.2007 in Harsha Hospital and was admitted in KIMS Hospital from 25.12.2007 to 24.3.2008. The claimant had undergone operation for reduction of fractures. The Skin was grafted on the raw area. The claimant had been admitted in KIMS Hospital the second time from 23.5.2008 to 30.5.2008. The claimant had produced medical bills amounting to a sum of Rs. 3,63,905/-. The claimant had contended that he was a Director of a T.V. Serial and was earning a sum of Rs. 50,000/- p.m. The claimant has substantiated the same. The tribunal, considering, the Income Tax Returns filed by claimant for the assessment year 2007-08 has determined the income of claimant at Rs. 7,000/- p.m. In the absence of satisfactory evidence, tribunal could not have taken a different view regarding the income of claimant.

The tribunal has awarded compensation of Rs. 8,06,255/- under following heads.

1) Pain and suffering Rs. 50,000/- 2) Medical expenditure Rs. 3,37,655/- 3) Loss of earning during laid up period Rs. 28,000/- 4) Loss of amenities Rs. 30,000/- 5) Conveyances food & nourishing expenses Rs. 20,000/- 6) For attendant charges Rs. 5,000/- 7) Future Surgery Rs. 50,000/- 8) Loss of future earning Rs. 2,85,600/- 6. The tribunal has accepted that the claimant has suffered 20% disability. The tribunal, adopting the multiplier appropriate to the age of claimant and taking his income at Rs. 7,000/- p.m. has awarded compensation of Rs. 2,85,600/- towards ''loss of earning capacity and future loss of earnings. The tribunal has awarded loss of income during treatment for a period of four months.

7 On reconsideration of the matter, I find that compensation awarded under the head ''less of income during the period of treatment'' is rather inadequate. Therefore, I award an additional compensation of Rs. 14,000/- under the head ''loss of income during the period of treatment''. The compensation awarded by the tribunal under the head ''loss of amenities'' is rather Inadequate. Therefore, I award an additional compensation of Rs. 20,000/- under the head ''loss of ameniteis''. Apart from this, I do not find any discrepancy in the compensation awarded under other heads Thus, the claimant is entitled to total compensation of Rs. 8,40,255/-.

In the result, I pass the following order:

True appeal is accepted in part. The impugned award is modified. Compensation of Rs. 8,06,255/-awardedby the tribunal is enhanced to Rs. 8,40,255/-with interest at 6% p.a. from the date of petition till the date of realisation. The payment and investment shall be in the ratio evolved in the impugned award. Parties are directed to bear their costs.