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Judgment
K.L. Manjunath, J.—In a road traffic accident occurred on 9.1.2002 at about 12.00 p.m. the claimant sustained the following injuries:
Diffuse Cerebral Edema,
Bilateral Zygomatic-maxillary complex fracture lefort II
Fracture-of Palate.
Fracture frontal bone.
Fracture nasal complex with bone loss in naso-labial area.
Fracture distal and of the right radius and fracture styloid process of the right ulna.
The claimant was admitted to the St. John''s Medical College Hospital, wherein he was inpatient from 9.1.2002 to 17,1.2002 and for further treatment, he was admitted to M.S. Ramaiah Hospital from 25.1. 2002 to 6.2.2002 and 6.3.2002 to 9.3.2002 as an inpatient. Again he was admitted in Mallya Hospital as an inpatient from 2.7.2002 to 4.7,2002. He was working as Senior Design Specialist in Vista Digital Solutions Limited and drawing a sum of Rs, 14,0000/- p.m. He was aged about 22 years. Inspite of the surgery, he is suffering from disability, which has been assessed at 30% to the whole body. There is disfigurement on his face as a result of which, his marriage prospects has become bleak. The Tribunal awarded a sum of Rs.2,30,975/-, out of which Rs. 40,000/- towards pain and suffering, Rs. l,33,000/-towards medical expenses, Rs. 5,000/- towards conveyance, food and attendant charges, Rs.42,975/-towards loss of income during hospitalisation and Rs. 10,000/- towards loss of amenities. Being not satisfied with the compensation awarded to the claimant, the present appeal is fifed for enhancement.
Having seen the nature of injuries sustained by the claimant, total fracture he sustained, we are of the view that the compensation awarded under the head pain and suffering requires to be enhanced by another Rs. 15,000/-. Similarly only a sum of Rs. 5,000/- is awarded towards conveyance, food and nourishment. He is entitled, for another Rs. 5,000/- under the said head. The Tribunal has awarded a sum of Rs. 10,000/- towards loss of amenities in life, which according to us, is on the lower side. No compensation is awarded to the claimant under the head future loss of income, since there is no loss of income as be is getting the same salary. Considering the disfigurement on his face and other injuries caused to the body as he was unmarried, he has to suffer with the disability for the rest of his life, we are inclined to award further compensation of Rs. 50,000/- in addition to what has been awarded under the head loss of amenities in life. Thus in all the Appellant claimant is entitled for enhancement of compensation of Rs. 75,000/- with interest at 6% p.a. from the date of petition till the date of payment. Out of the enhanced compensation Rs. 50,000/- with interest accrued thereon is ordered to be deposited in the name of the Appellant, for a period of five years in any Nationalised/Scheduled Bank and he is entitled to withdraw the periodical interest. The rest, of the amount be released to the Appellant.
In the result, the appeal is allowed in part.