HARUN-UL-RASHID, J.
The claimant is the appellant. The appeal is directed against the award dated 16/12/2009 in O.P.(M.V.)No.168 of 2006 on the file of the M.A.C.T., Kozhikode. The Tribunal passed an award allowing the claimant to realise ₹1,35,374/- as compensation due to the injuries sustained by him in the accident that took place on 25/9/2005. Aggrieved by the quantum of compensation awarded, the claimant has preferred this M.A.C.A. While the petitioner was riding his motorcycle, he was hit by a jeep and as a result suffered serious injuries. He was treated at Medical College Hospital, Calicut for the first four days and thereafter 17 days in the Specialist Hospital in Ernakulam. The petitioner produced Exts.A1 to A6 documents. The injuries certified are degloving injury (L) foot with heel pad avulsion and fracture 2nd and 5th metatarsal.
Ext.A2 is the wound certificate. Ext.A3 is the prescription issued from the Specialist Hospital. Exts.A4 and A5 are lab report and investigation report respectively. The Tribunal awarded ₹1,10,374/- towards treatment expenses incurred by the claimant. The court declined to grant any compensation for permanent disability and loss of income, finding that claimant failed to produce evidence in support of the claim. The court below awarded ₹1,35,374/- under 8 heads. The facts and circumstances show that the petitioner was taken to Kozhikode Medical College for treatment and subsequently he was admitted in the Specialist Hospital, Ernakulam. ₹750/- as compensation awarded under the head transport to hospital is too low. We are of the view that the claimant is entitled to an additional compensation of ₹3,000/- under this head. The claimant was treated as inpatient in two hospitals for a period of 21 days. Considering the injuries sustained by him, it may not be possible for him to resume any work atleast for a period of three months. Under the head ‘the loss of earnings’ the Tribunal awarded ₹3,000/-. We are allowing the claimant to realise ₹6,000/- as additional compensation under this head. Towards bystanders expense only ₹1,000/- was allowed. We re-fix the compensation under this head as ₹2,000/- deducting ₹1,000/- awarded.
2. Considering his plea, that he is entitled to compensation under the head permanent disability, this Court by order dated 1st January, 2014, directed the appellant to appear before the Superintendent of Medical College, Calicut for medical examination by the Medical Board. Pursuant to that, the claimant was clinically examined and the proceedings of the Medical College Hospital, Calicut was produced by the Chairman of Medical Board, Medical College Hospital, Calicut. After examination, the Medical Board found that the claimant is having post traumatic stiffness and deformity (L) foot and certified that the percentage of permanent disability due to the injury is 22%. Taking into consideration the fact that he is a worker earning a minimum ₹3,000/- per month, the compensation for permanent disability is worked out as ₹1,34,640/-. Following the Medical Board examination and certificate, we find that the petitioner is entitled to compensation assessing his permanent disability at 22%. Thus, the claimant is entitled to an additional compensation of ₹1,44,640/-.
In the result, this appeal is partly allowed. The impugned award is modified. The appellant/claimant is entitled to an additional compensation of ₹1,44,640/- with interest @ 7% per annum from the date of petition till the date of deposit of the amount. There will be a direction to the second respondent to deposit additional compensation amount before the Tribunal within a period of three months from today. The appellant/claimant is entitled to withdraw the amount on deposit.
HARUN-UL-RASHID, JUDGE skj ANIL K.NARENDRAN, JUDGE