A.R. NAGANNAGOWDA Vs. S.D. PRABHAKARA, V. SRINIVASAN AND THE ORIENTAL INSURANCE COMPANY LTD. REP BY ITS MANAGER

JUDGEMENT

(1.) THE appellant herein sustained fracture of left elbow and other injuries on the body in the accident that occurred on 4.7.2004. Immediately after the accident, he was shifted to JSS Hospital, Mysore wherein he was admitted as an in -patient. He was operated on elbow and internal fixation was done. The Tribunal has awarded compensation of Rs. 1,47,500/ - in all. This appeal is filed praying for enhancement of compensation. As aforementioned, the claimant was operated and K wires were inserted; the movement of the left elbow was restricted to certain extent; once again, he was operated on 9.2.2005 and the screws and K. wires were removed. According to the claimant, he is facing difficulty in the daily activities and he cannot lift heavy articles and drive the vehicle.

(2.) THE claimant is a teacher working in the Government school. As such, there is no loss of future income suffered by the claimant. We find that the Tribunal has awarded appropriate compensation of Rs. 30,000/ - under the head of 'pain and suffering'; Rs. 45,000/ - under the head of 'loss of earning during the laid up period'; Rs. 10,000/ - under the head of 'attendant charges'; Rs. 3,000/ - under the head of 'expenses for food and extra nourishment'; Rs. 24,500/ - (Rs. 10,000 plus Rs. 14,500/ -) towards "medical expenses' and Rs. 20,000/ - towards 'future medical expenses'. However, we find that the lesser compensation is awarded under the head of 'loss future amenities'. The Tribunal has awarded a sum of Rs. 15,000/ - under the head of 'loss of future amenities'. It appears to be on the lower side. Though the doctor has deposed that the claimant has suffered 45% permanent disability to the whole body, the same appears to be the exaggerated version. There is no evidence of mal -union of fracture of etc., Only K. wires were inserted and later they are removed. It may be true that the disability to an extent of 8 to 10% might have been suffered by the claimant. For the said disability, the overall compensation awarded by the Tribunal would be sufficient. However since the records reveal that the claimant is facing difficulty in daily activities, he shall be awarded Rs. 30,000/ - instead of Rs. 15,000/ - under the head of 'loss of future amenities'. Hence the claimant is entitled to Rs. 15,000/ - more than what is awarded by the Tribunal. Thus the claimant is entitled to Rs. 1,62,500/ - in toto. Accordingly, the following order is made: The compensation is enhanced from Rs. 1,47,500/ - to Rs. 1,62,500/ -. The enhanced compensation shall carry interest at 6% per annum. The entire enhanced compensation alongwith interest shall be disbursed in favour of the appellant/claimant. Appeal is allowed in part accordingly.