Thottathil B. Radhakrishnan, J.
This appeal is by the claimant who was injured in a road traffic accident on 21.1.2001.
2. We have heard the learned counsel for the appellant and the learned counsel for the insurer.
3. The appellant was 31 years of age at the time of accident. With the evidence on record, it is shown that he was an empanelled conductor working on daily wages as appointed by the Employment Exchange in the K.S.R.T.C.
4. The accident occurred when the offending vehicle came from behind in over speed and hit on the bullock cart and thereafter, hit on the KSRTC bus of which the appellant was the conductor. The claimant suffered trochanteric fracture to the shaft of his right femur as noted in Ext.A6 certificate issued by the General Hospital, Chennapattana in Karnataka. He had incised wound over fronto parietal region and had another incised wound over the right tento achilles region. The fracture noted even in the wound certificate was one of the grievous nature. After suffering the injuries in the accident in Karnataka (Bangalore-Mysore Road), he was brought for medical attention in the local General Hospital and shifted to the Kozhikode Medical College Hospital where he was an inpatient immediately following the incident until he was discharged on 12.2.2001. Open reduction and internal fixation of the broken femur were done under general anesthesia. Later, he was admitted on 14.7.2002 to remove the implants. That procedure was done under local anesthesia. He was in hospital till 15.8.2002. Ext.A7 is a certificate issued by the District Transport Officer, K.S.R.T.C., Kozhikode certifying that the claimant had not performed duty from 22.1.2001 to 20.6.2001 and from 14.7.2002 to 15.8.2002 following the accident while on duty. That takes in a period of six months in all. We are of the view that he is entitled to loss of earning for that period of six months at the rate of `3,000/- per month. We, therefore, grant the appellant an additional amount of compensation of `13,500/- under this head. For pain and sufferings, we grant a further amount of `12,000/-. Having regard to the nature of the injuries and the age of the claimant and all attendant facts and circumstances, we think that he is entitled to an amount towards disability and loss of amenities. As a wholesome item of compensation, we award an additional amount of `13,000/- in that regard. We also grant the appellant an additional amount of `1,500/-
towards expenses for transport to hospital. Thus, the appellant is entitled to a total amount of `40,000/- as additional compensation.
In the result, this appeal is allowed granting the appealing claimant a further amount of `40,000/- (Rupees forty thousand only) with 9% interest per annum from the date of the claim petition till the date of realisation. The insurer is directed to satisfy this appellate award within two months from today.
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THOTTATHIL B. RADHAKRISHNAN JUDGE ks.
True copy Sd/-
BABU MATHEW P. JOSEPH JUDGE P.S.to Judge