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Judgment
N. Ananda, J.—This is a claimant''s appeal for enhancement of compensation.
The findings of Tribunal on the issues of negligence and liability of insurance company have not been called into question either by the insurer or insured. Therefore, they need not be reconsidered.
I have heard Smt Sunitha, learned Counsel for claimant and Sri. Sreekanta Rao, learned Counsel for insurance company.
As per the medical records and evidence of PW2 - Dr. S. Rajanna, claimant had suffered compound fractures of left tibia and fibula. He was treated in Bowring hospital. Fractures were reduced by open reduction and internal fixation. As per the evidence of PW2 - Dr. S. Rajanna claimant had suffered 48% disability of the right lower limb and 20% of whole body.
The tribunal has awarded compensation of Rs. 1,55,000/- under following heads:
1) Pain and sufferings : Rs. 40,000 2) Loss of amenities : Rs. 15,000 3) Loss of earnings during laid up period : Rs. 9,000 4) Future loss of earnings : Rs. 86,000 5) Medical expenses, conveyance, nourishment & transportation expenses : Rs. 5,000 _______________ Total Rs. 1,55,000
Having regard to nature of fractures, residual effects, I am of the considered opinion, compensation awarded by the tribunal under heads "loss of amenities and enjoyment of life", "loss of earnings during laid up period" is on the lower side. The tribunal has not made any provision for "future medical expenditure". Therefore, I modify the award as follows:
1) Pain and sufferings : Rs. 40,000 2) Loss of amenities : Rs. 30,000 3) Loss of earnings during laid up period : Rs. 18,000 4) Future loss of earnings : Rs. 86,000 5) Medical expenses, conveyance, nourishment & transportation expenses : Rs. 5,000 6) Future medical expenditure : Rs. 10,000 _______________ Total Rs. 1,89,000
The claimant is entitled to total compensation of Rs. 1,89,000/-.
In the result, I pass the following
ORDER
The appeal is accepted in part. The impugned award is modified, compensation of Rs. 1,55,000/-awarded by the tribunal is enhanced to Rs. 1,89,000/-with interest at 6% per annum from the date of petition till the date of realisation. The impugned award as regards to payment and investment is confirmed.
The parties are directed to bear their costs.