Venkatesh Devadiga vs Rangaswami

N. Ananda, J.—This is a claimant''s appeal for enhancement of compensation.

I have heard Sri H. Pavana Chandra Shetty, learned counsel for claimant and Sri R. Gunashekar, learned counsel for Insurance Company.

As a result of accident, claimant had suffered comminuted bimalleolar fracture of left ankle and superficial abrasions over right hand. He was operated for reduction of fractures. He was treated in Chinmayi Hospital at Kundapura. The claimant was aged about 51 years at the time of accident. He was an agriculturist by occupation.

The Tribunal has awarded compensation of Rs. 97,650/- under the following heads:-

The Tribunal has determined income of claimant at Rs. 3,000/- per month. Having regard to avocation of claimant, I determine income of claimant at Rs. 5,000/- per month, as a result, claimant would be entitled to additional compensation of Rs. 13,200/- towards "loss of earning capacity and loss of future earnings". The Tribunal has not awarded adequate compensation towards "loss of amenities & enjoyment of life". The Tribunal has not made provision for "future medical expenses". Therefore, I award additional compensation of Rs. 20,000/- towards "loss of amenities & enjoyment of life". I award compensation of Rs. 10,000/- towards "future medical expenses". Thus, claimant is entitled to additional compensation of Rs. 43,200/- and total compensation of Rs. 1,40,850/-, rounded off to Rs. 1,41,000/-.

In the result, I pass the following:-

ORDER

The appeal is accepted in part. The impugned award is modified. Compensation of Rs. 97,650/- awarded by Tribunal is enhanced to Rs. 1,41,000/-. 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.