Asha, J. Appellant, who is the claimant in O.P(MV) No.2868 of 2002 before the M.A.C.T, Ernakulam, has filed this appeal claiming enhanced compensation.
2. The appellant met with an accident on 07.07.2002 while he was walking along the side of a road, on being hit by a van, and sustained severe injuries including multiple fractures. Appellant caimed that he was 23 years of age at the time of the accident and a fisherman earning a monthly income of Rs.3,000/-. He claimed compensation to the tune of Rs.4 lakhs under various heads.
3. The court below found that he was undergoing treatment as an inpatient initially in Government Hospital, Karuvelippady and then in Government Hospital, Ernakulam, and then in a private hospital at Panayappally. He sustained the following injuries as seen from Ext.A6 and Ext.A8 wound certificates issued from the hospital at Panayappally.
“compound comminuted fracture of both bones (L) leg, fracture (R) tibia lower end, lacerated wound above (R) ankle joint 1.5X1 cm, abrasion over (L) temporal region 2 cm and laceration 2 cm, 3 cm and 2.5 cm wound over (L) tibia.”
He underwent treatment in these hospitals in intermittent spells for a period of 26 days. The appellant was subjected to medical examination by the District Medical Board and as per Ext.X1 certificate his disability was assessed as 12%. As per Exts.A14 and A15 certificates, it is seen that he had to undergo treatment for a period of 1 ½ years and he has incurred deformity and shortening of his left leg. The Tribunal has assessed his annual income at Rs.30,000/- and awarded compensation of a sum of Rs. 1,70000/-.
4. We find that the compensation awarded under various heads are thoroughly inadequate. It is only just and proper to fix his monthly income as Rs.3,000/- and to enhance the compensation towards loss of earnings and permanent disability accordingly. The amount awarded under various heads like transportation charges, bye stander expenses, extra nourishment, loss of amenities, deformity, diminution in marriage prospects, etc also requires modification, considering the nature of injuries sustained and the period of treatment undergone. Therefore we modify the compensation awarded under various heads as follows:
The appellant will be entitled to interest @ 9% per annum from the date of the claim petition. award of the Tribunal is modified and the appeal is allowed accordingly. The Insurance Company will deposit the award amount of Rs.2,83,515/- (Rupees Two lakhs eighty three thousand five hundred and fifteen only) along with interest @9% per annum, less the amount if any already deposited, before the Tribunal, within a period of three months and on such deposit being made, the claimant can withdraw the amount. No costs.
Sd/-
T.R.RAMACHANDRAN NAIR Judge rtr/ Sd/-
P.V.ASHA Judge /true copy/ P.S to Judge