R RAJENDRA, S/O RAMA Vs. H.L. SATHISHA, S/O T. LINGAIAH, MAJOR, SRI ANKANATHESHWARA MOTOR SERVICE, HALLIKERE, K. BELLUR POST. MADDUR TALUK, MANDYA DISTRICT AND THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE - 2, NEW MUSLI

JUDGEMENT

(1.) THIS appeal is by the claimant seeking enhancement, of compensation. The Tribunal has awarded compensation of Rs. 1,64,000/ - with interest at 6% p.a. from the date of petition till the date of payment.

(2.) THE claimant had suffered four injuries, one crush injury on left foot medial aspect, exposing the tendons, muscles and bones, abrasion and tenderness on right: knee, abrasion over the left knee and right elbow and tenderness over the left hip and left thigh. After taking X -ray it was noticed that the claimant had suffered fracture of lower 1/3rd of left medial malleous and fracture of left fibula. He was treated as inpatient twice. "The Doctor has assessed the disability at 40% to the limb. However, the Tribunal has taken 10% disability and income of Rs.4,000/ - per month though the accident is of the year 2008. Considering ibis evidence on record, the Tribunal has awarded the compensation as under: <FRM>JUDGEMENT_2591_TLKAR0_2011.htm</FRM> in the year 2008, the monthly income of the claimant who is a skilled labourer could not be less than Rs.4,200/ - per month. The Doctor has assessed the disability at 40% to the left lower limb. Proportionately, the Tribunal could have taken the disability at 13%. The claimant is entitled to Rs.98,280/ - (585x12x14) as against Rs.62,400/ - i.e., Rs.35,880/ - towards loss of future income. The claimant is also entitled to additional compensation of Rs. 11,000/ - under the head of future medical expenses and Rs.5,000/ - under the head of incidental expenses, lit all the claimant is entitled to Rs. 51,880/ - rounded off to Rs.52,000/ - with interest over and above the compensation awarded by the Tribunal. 4. The appeal is partly allowed. The claimant is entitled to compensation of Rs.52,000/ - with interest over and above the compensation awarded by the Tribunal. The L.C.Rs to be returned to the Tribunal as early as possible.