ANIL KUMAR Vs. VISHNU

JUDGEMENT

(1.) THE appeal is for enhancement of claim of compensation for injuries suffered in a motor accident that took place on 04.09.2008. The claimant had a fracture on right femur, fracture on right clavicle at the right zygomatic arch and injury in the right tibial plateau. The patient had been admitted for about a month commencing from 04.09.2008 to 29.09.2008 at three hospitals. The claimant was a plumber and he was earning Rs.6,000/- per month. The Tribunal while assessing the compensation provided for medical expenses brought through bills and also awarded compensation for special diet, transport, pain and suffering and other loss of amenities. The learned counsel would argue that the Tribunal did not provide for the actual medical expenses which aggregated to Rs.1,33,416/- and would also contend that attendant charges were not properly provided. The counsel has a grievance that the Tribunal has merely taken the evidence of the doctor that the injuries resulted in temporary disablement and would place reliance on additional document produced before the Court, which has been issued by the General Hospital, Sonipat subsequent to the filing of the appeal. The counsel would state that he could not produce it because the disability certificate was secured after closing of the evidence and therefore he did not file it.

(2.) AS regards the claim to the medical expenses, if the bills bear out a larger sum, the same has to be provided. He was in the hospital for a month and the Tribunal has not provided for attendant charges and I will provide for Rs. 2,500/- as attendant charges. If the Tribunal has taken only Rs.5,000/- and Rs.20,000/- for the loss of amenities and for pain and suffering, I would take them as proper and adequate. The Court has provided for Rs.50,000/- as the loss of income which in my view is again proper considering the fact that his income was Rs.6,000/- per month and the calculation works out the loss of income at least for about 8 months when the actual period of hospitalization was itself only for a month.

(3.) THE marginal amount which is in addition to what has been assessed by the Tribunal would attract interest at 7.5% from the date of petition till the date of payment.