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Judgment
K.L. Manjunath, J.—The Appellant sustained fracture of both the bones of left leg in a road (sic) accident occurred on 20.10.2004. The MACT, Bangakre in MVC No. 7936/04 awarded a compensation, of Rs. 1,00,294/- with interest at 6% p.a. Out. of which Rs. 30,000/- towards pain and suffering, Rs. 36,294/- towards medical expenses, Rs. 6,000/- towards loss of earning during laid up period, Rs. 20,000/- towards loss of amenities and Rs. 8,000/- towards future medical expenses. Being not satisfied with the same, the present appeal in filed for enhancement.
The ground urged before us is that the Tribunal did not consider the compensation awardable to the claimant under the head, future loss of income, Admittedly on account of the accident he has suffered a disability of 10% to the whole body, 30% to the left lower limb and there in a shortening of � inch of this left leg. He is a driver by profession. Naturally the said disability would come in the way of his earning.
According to the claimant, he was drawing a salary of Rs. 3,600/- p.m. and the same is acceptable because he is a driver, by profession and the accident has taken, place in the month of October 2004. If we consider nature loss of income of 10% it would be Rs. 360/- p.m. and Rs. 4,320/- p.a. and considering his age, we have to apply the multiplier of 15. If it is so, future loss of income would be Rs. 64,800/- and the same is rounded off to Rs. 65,000/- with interest at 6% p.a. from the date of petition till payment.
Accordingly, the appeal is allowed-in-part. The Appellant/claimant is entitled for an enhanced compensation of Rs. 65,000/- with interest at 6% p.a. from the date of petition till payment.
Out of the enhanced compensation of Rs. 65,000/- a sum of Rs. 50,000/- is ordered to be deposited in the name of the Appellant for a period of 5 years in any Nationalised Bank and he is entitled to withdraw the periodical interest. Rest of the amount be released to the claimant.
