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Judgment
Dr. K. Bhakthavatsala, J.—We have heard arguments of learned counsel appearing for appellant and respondents. Tribunal has fixed income of the appellant at Rs. 7,000/- per month and awarded compensation in favour of the claimant as under:
1) Pain & suffering
Rs. 35,000/-
2) Medical, conveyance and special diet
Rs. 29,200/-
3) Future medical expenses
Rs. 10,000/-
4) Loss of amenities
5) Loss of income during the period of treatment and rest.
Rs. 30,000/-
Rs. 14,000/-
Total:
Rs. 1,18,200/-
As per Ex.P-5 - wound certificate issued by Kruthika Hospital at Bangalore, Claimant sustained in all, two injuries. Injury No. (2) is grievous in nature namely, fracture of both bones of right hand. He was treated as inpatient from 10-12-2005 to 16-12-2005 during which period, he underwent surgery and fracture was treated with OR & IF with DCP under G.A. Ex. P-12 series. - X-ray films of right forearm show fracture of both the bones. Keeping in view the nature of injury, surgery and evidence of P.W. 2 - medical officer, claimant is entitled for reasonable compensation under relevant heads.
It is the case of the claimant that he was 44 years old, and as a building contractor by profession he was earning between Rs. 15,000/- to Rs. 25,000/- per month. Ex. P-7 is the xerox copy of PAN card. Ex. P-8 is the xerox copy of Income Tax Returns filed on 23-9-2005 declaring income of Rs. 88,500/- for the previous year ending 1-4-2004 to 31-3-2003 (i.e., for the assessment year 2005-06). He has not paid any income tax. If income of the claimant is taken at Rs. 88,500/- per annum, monthly income of the claimant cornea to Rs. 7,375/-. The claimant is liable to pay professional tax Therefore, Tribunal is justified in filing the monthly income of the claimant at Rs. 7,000/- per month. Claimant has produced medical bills amounting to Rs. 24,185.75 p. Tribunel has awarded compensation of Rs. 5,000/- towards conveyance and nourishment and awarded Rs. 29,200/- towards medical, conveyance and special diet. Since the claimant is a building contractor and he has got driving licence to drive the motor cycle and he has to move from place to place, injuries sustained to the right forearm will have impact on his business. Tribunal has fixed permanent disablement at 12% of the whole body. In cur view, claimant is entitled for compensation towards loss of future earning atleast at 10% of the whole body.
In our view, claimant is entitled for compensation as under:
1) Pain and suffering
Rs. 40,000/-
2) Medical expenses -past and future
Rs. 40,000/-
3) Attendant, conveyance and special diet
Rs. 15,000/-
4) Loss of earning during the period of treatment and rest (7000x3)
Rs. 21,000/-
5) Loss of future earning (700x12x14)
Rs. 1,17,600/-
6) Loss of amenities
Rs. 20,000/-
Total:
Rs. 2,53,600/-
Less: compensation awarded By the Tribunal
Rs 1,18,200/
Balance
Rs. 1,35,400/-
In the result, we pass the following order:
Appeal is partly allowed holding that appellant/claimant is entitled to additional compensation of Rs. 1,35,400/- along with costs and interest at the rate of 6% p.a. from the date of petition till the date of realisation. Accordingly, impugned judgment award are modified. Respondent No. 1 is directed to deposit the additional compensation amount with the Tribunal within three months from today.