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Judgment
N. Ananda, J.—This is a claimant''s appeal for enhancement of compensation.
I have heard Sri Pruthvi Wodeyar learned Counsel for claimant.
As a result of accident, claimant had suffered following injuries:
I. Crush injury on left foot
II. Lacerated injury measuring 12 cms x 2 cms x 1 cm across base of left foot
III. Avulsion of left great toe
The claimant was treated in Kasturba Hospital at Manipal. The wound debridement for deploving injury on left foot was done. K wire fixation was done for reduction of fractures of II to V left metatarsals. The left great toe was amputed on 18.08.2005 and skin grafting was done. The claimant was discharged on 07.09.2005.
At the time of accident, claimant was aged about 32 years and he was working in stone quarry. Even after complete treatment, claimant suffers from permanent physical disability of left lower limb due to loss of left great toe. The movements of left ankle joint are stiff.
P.W. 2-Dr. Sharath K. Rao has assessed permanent physical disability vis-a-vis loss of earning capacity at 18% and the Tribunal has determined the same at 15%.
The Tribunal has awarded compensation of Rs. 1.43.652/- under following heads:
I. Pain and suffering : Rs. 40.000/- II. Hospital and rnedical charges : Rs. 18.252/- III. Food and attendant charges : Rs. 2.600/- IV. Extra Nourishment food : Rs. 4.800/- V. Conveyance : Rs. 6.000/- VI. Loss of future income due to disability : Rs. 72.000/- Total : Rs. 1,43,652/-
On hearing learned Counsel for claimant and on reconsideration of the matter, I find the Tribunal while awarding compensation towards "loss of earning capacity and loss of future earnings" has deducted 1/3rd of income towards personal and living expenditure of claimant, which is not permissible. Therefore, claimant is entitled to additional compensation of Rs. 36.000/- under the head "loss of earning capacity and loss of future earnings". The Tribunal has not awarded compensation towards "loss of amenities and enjoyment, of life". Having regard to loss of left great toe, I award compensation of Rs. 30.000/- under the head "loss of amenities and enjoyment of life". The Tribunal has not awarded compensation under the head "loss of earnings during laid up period". Therefore, I award compensation of Rs. 10,000/- under the head "loss of earnings during laid up period". Thus, claimant is entitled to total compensation of Rs. 2.19.652/-, rounded off to Rs. 2.20.000/-.
In the result, I pass the following:
ORDER
The appeal is accepted in part. The impugned award is modified. Compensation of Rs. 1.43.652/- awarded by Tribunal is enhanced to Rs. 2.20.000/-. 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.