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Judgment
14 paragraphs · 331 wordsN. Ananda, J.—This is a claimant''s appeal for enhancement of compensation. I have heard Sri. M. Ravindranath, learned counsel for claimant and Sri. C.R. Ravishankar, learned counsel for Insurance Company.
As per wound certificate issued by Mc.Gonn Hospital at Shimoga, claimant had suffered following injuries:-
I. Lacerated wound measuring 6 cms x 1 cm x bone deep over frontal region
II. Lacerated wound measuring 3 cms x 1/2 cm over forehead & frontal region
III Swelling & deformity present on right knee
IV. Fracture of both bones of right leg at middle 1/3rd
V. Avulsion injury measuring 10 cm x 3 cms on left heal on lateral aspect with exposed calcaneus
VI. Crush injury measuring 6 cms x 2 cms over right heal
At the first instance, claimant was treated in Mc.Gonn Hospital at Shimoga. Later, he was shifted to Venlock Hospital at Mangalore.
The claimant was aged about 16 years at the time of accident. He was sustaining by physical labour.
The Tribunal has awarded compensation of Rs. 1,89,240/- under following heads:-
On hearing learned counsel for parties and after going through evidence and the impugned award, I find that Tribunal has not awarded compensation towards "loss of amenities & enjoyment of life" and also towards "future medical expenses". Having regard to nature of injuries, consequent permanent physical disabilities and age of claimant, I award compensation of Rs. 30,000/- towards "loss of amenities & enjoyment of life". Having regard to number of injuries and consequent medical expenditure to be incurred by claimant, I award compensation of Rs. 25,000/- towards "future medical expenses". Thus, claimant is entitled to total compensation of Rs. 2,44,240/-. In the result, I pass the following:-
ORDER
The appeal is accepted. The impugned award is modified, compensation of Rs. 1,89,240/- awarded by Tribunal is enhanced to Rs. 2,44,240/-. The rest of the impugned award as it relates to rate of interest, period of accrual of interest, ratio of payment and investment is confirmed.