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Judgment
N. Ananda, J.—This is a claimants appeal for enhancement of compensation.
Heard Sri Jagadish, Learned Counsel for claimant and Sri H.S. Lingaraj, learned Counsel for Insurance Company.
As a result of accident, claimant had suffered following injuries:
1) Fracture of right scapula
2) Linear fracture of right temporal
3) Cut lacerated wound on the scalp over the right occipital region.
The claimant was treated in Santhosh Hospital from 12.5.2007 to 14.5.2007. At the time of accident, claimant was aged about 26 years and he bad contended that he was a tailor by occupation working at Madhura Garment, Hosur road Bangalore on a monthly salary of Rs. 6,000/-. The claimant has not produced documentary evidence to prove the same.
The tribunal baa awarded compensation of Rs. 72,000/- under following heads:
1) Pain and suffering Rs. 40,000/-
2) Medical expenditure Rs. 16,500/-
3) Loss of earning during laid up period Rs. 10,500/-
4) Conveyance Rs. 2,000/-
5) Nourishment, food attendant charges Rs. 3,000/-
Total Rs. 72,000/-
On hearing the learned Counsel for parties and after going through the records I find that claimant has residual effects of injuries and lie suffers from permanent physical disability which affects his manual work. Though claimant had contended that he was a tailor, yet the fact remains that he was sustaining by-manual work. The tribunal has not made any provision for future medical expenditure'' as it was necessary in view of the fact that claimant had offered injury to his head. The tribunal has not awarded compensation under the head loss of amenities''.
Therefore, I modify compensation awarded by the tribunal as under:
1) Pain and suffering Rs. 40,000/-
2) Medical expenditure Rs. 16,500/-
3) Loss of earning during laid up period Rs. 12,000/-
4) Lose of amenities Rs. 20,000/-
5) Loss of earning capacity and future loss of earnings Rs. 3,000 x 12 x 17 x 10) Rs. 61,200/-
6) Conveyance Rs. 2,000/-
7) Nourishment, food and attendant charges Rs. 3,000/-
8) Future medical expenditure Rs. 15,000/ -
Total Rs. 1,69,700/-
Thus, claimant is entitled to total compensation of Rs. 1,69,700/-.
In the result, I pass the following order:
The appeal is accepted in part. The impugned award is modified. Compensation of Rs. 72,000/- awarded by the tribunal is enhanced to Rs. 1,69,700/-. 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.