A. BALAYOGI S/O LATE. SRI. ABBAIAH Vs. SRI VIJAYA KUMAR UNIQUE PAYERS AND THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD.

JUDGEMENT

(1.) THE Appellant sustained fracture of both the bones of left leg in a road (sic) accident occurred on 20.10.2004. The MACT, Bangakre in MVC No. 7936/04 awarded a compensation, of Rs. 1,00,294/ - with interest at 6% p.a. Out. of which Rs. 30,000/ - towards pain and suffering, Rs. 36,294/ - towards medical expenses, Rs. 6,000/ - towards loss of earning during laid up period, Rs. 20,000/ - towards loss of amenities and Rs. 8,000/ - towards future medical expenses. Being not satisfied with the same, the present appeal in filed for enhancement.

(2.) THE ground urged before us is that the Tribunal did not consider the compensation awardable to the claimant under the head, future loss of income, Admittedly on account of the accident he has suffered a disability of 10% to the whole body, 30% to the left lower limb and there in a shortening of 1/2 inch of this left leg. He is a driver by profession. Naturally the said disability would come in the way of his earning.

(3.) ACCORDINGLY , the appeal is allowed -in -part. The Appellant/claimant is entitled for an enhanced compensation of Rs. 65,000/ - with interest at 6% p.a. from the date of petition till payment.