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Judgment
N. Ananda, J.—The matter is listed for admission. The lower court records are received. With the consent of learned counsel for parties, it is taken up for final disposal.
This is a claimant''s appeal for enhancement of compensation. I have heard Sri A.M. Rudresh, learned counsel for claimant and Sri H.S. Lingaraj, learned counsel for Insurance Company.
The claimant had suffered following injuries:-
a. Movements in all joints of left lower limb were restricted.
b. Multiple lacerated wound measuring 2" x 1/2" x 1/2" and 3" x 1/2" x 1/2" over left leg and left foot.
c. An abrasion measuring 3" x 3" over right leg
d. Fracture & dislocation of II, III, IV & V left metatarsals.
e. Auto amputation of V right toe
As could be seen from photographs marked as Ex. P. 163, Ex. P. 164 & Ex. P. 165, lower 1/3rd of right foot of claimant is in a deformed state. The injury area on dorsum of right foot is not completely healed. It looks raw. The deformed right heal shows fusion of right ankle joint & swelling of right ankle.
The claimant was aged about 25 years at the time of accident. He was an agriculturist by occupation. The Tribunal considering the nature of injuries and consequent disabilities as aforestated has awarded compensation of Rs. 3,76,800/- under following heads:-
On hearing learned counsel for parties and after going through evidence and the impugned award, I find that Tribunal has awarded compensation of Rs. 2,44,800/- towards "loss of earning capacity & loss of future earnings", however, under the head "loss of amenities & enjoyment of life". The Tribunal has not awarded separate compensation towards "loss of amenities & enjoyment of life". The Tribunal has not awarded compensation towards "loss of earnings during laid up period", so also towards "future medical expenses". Therefore, I award compensation of Rs. 40,000/- towards "loss of amenities & enjoyment of life", compensation of Rs. 20,000/- towards "loss of earnings during laid up period" and compensation of Rs. 30,000/- towards "future medical expenses". Thus, claimant is entitled to additional compensation of Rs. 90,000/- and total compensation of Rs. 4,66,800/-.
In the result, I pass the following:-
ORDER
The appeal is accepted in part. The impugned award is modified, compensation of Rs. 3,76,800/- awarded by Tribunal is enhanced to Rs. 4,66,800/-. 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. However, interest for delayed period of 242 days in filing the appeal is disallowed.