Subhash B Adi
1. This is a claimant''s appeal against the judgment and award dated 3.5.2010 in MVC No. 346/2008 on the file of the MACT, Davanagere seeking enhancement of compensation.
2. On appreciation of the evidence on record, the Tribunal has awarded compensation of Rs. . 1,11,883/ with interest. Unsatisfied with the same, claimant is before this Court.
3. Claimant had suffered extra dural hemorrhage over left temporal region. He was treated as inpatient. Doctor has assessed 25% disability. Claimant is a businessman and a Yoga teacher. The Tribunal, having regard to the same, has awarded compensation as under:
|
1. |
Medical expenses, attendant, food and nourishment |
Rs. . 15,000/- |
|
2. |
Loss of income during laid off period and rest |
Rs. . 9,900/- |
|
3. |
Injury pain and suffering |
Rs. . 25,000/- |
|
4. |
Loss of amenities of life and discomfort |
Rs. 20,000 |
|
5. |
Future loss of income |
Rs. . 41,983/- |
|
|
TOTAL |
1,11,883/- |
4. In so far as the disability is concerned, the Tribunal has taken 8.33% disability. It is not known as to whether 25% disability as assessed by the Doctor is to the whole body or to the limb. However, at least 10% disability could be taken and the income could be taken at Rs. .4,500/- p.m. Considering the same, claimant is entitled for Rs. . 450 x 12 x 14 = Rs. .75,600/- towards loss of future income as against Rs. . 41,983/- awarded by the Tribunal, hence, additional compensation of Rs. .33,617/-rounded off to Rs. . 34,000/- is awarded under this head. Claimant is also entitled for additional compensation of Rs. 5,000/- towards incidental expenses and. Rs. . 5,000/-towards loss of income during laid up period. In all, the claimant is entitled to compensation of Rs. . 44,000/- over and above the compensation awarded by the Tribunal, with interest.
Accordingly, the appeal is allowed in part.
