Ramachandran Nair, J. In a personal injury case, aggrieved by the inadequacy of the compensation, the appellant has filed this appeal. The accident occurred on 29.1.2004. The offending vehicle is a lorry which hit the car driven by him. He was admitted and treated in the Lakeshore Hospital. He sustained the following injuries:
“1. Abrasion over the right knee, right hand, right arm;
2. 4 x 1 lacerated wound involving right upper eyelids;
3. Pain and tenderness right hip; and
4. Tenderness over the base of left thumb.”
The above injuries, when examined in X-Ray, showed dislocation of right hip with fracture of the posterior wall and posterior column of accatabulam and undisplaced fracture right lateral supra orbital rim. X-Ray left hand showed fracture of left scaphoid. He was treated as an inpatient for a period of 35 days. The appellant was only aged 24 at the time of accident. Going by the discussion of the evidence in paragraph 6 of the award, it is seen that various treatment procedures were undertaken. C.T. Scan brain revealed undisplaced fracture right lateral supra orbital rim. He was immediately taken up for closed reduction of the dislocated hip. The dislocation was reduced and was put on skeletal traction scaphold. On 3.2.2004 he was taken up for open reduction internal fixation of the posterior wall of the acetabulum. Other detailed procedures were also undertaken and he was discharged from the hospital on 20.2.2004. He was again admitted in the hospital on 29.6.2004 and discharged on 7.7.2004 which is clear from Ext.A6.
2. The Tribunal has assessed the compensation in the following manner:
Towards special damages, he claimed an amount of Rs.2,26,000/- and for general damages, he had claimed an amount of Rs.3,75,000/-.
3. Before us, learned counsel for the appellant submitted that the income claimed by the appellant was at the rate of Rs.8,500/- per month, by producing the salary certificate dated 23.12.2008. He was working as Service Engineer at Maruthi Service Centre (Galaxy Motors), Pathanamthitta. The Tribunal did not accept the same and fixed the amount at Rs.4,000/-. We find from the discussion in paragraph 9 of the award that the Tribunal arrived at the said figure sine the same was the only claim. Even though learned counsel for the appellant submitted that Rs.8,500/- can be accepted, as rightly pointed out by the learned Senior Counsel for the insurance company, since the entire claim for salary has been accepted by the Tribunal, there is no scope for interference in that regard. The appellant was not married at the time of the accident. He has suffered 28% disability which is clear from the records and the evidence produced as Ext.A7.
Ext.A7 is issued by the Medical Board. It is clear that the disability will affect his enjoyment of life and cause loss. Going by the award, for pain and suffering an amount of Rs.30,000/- has been awarded and for loss of amenities and enjoyment in life Rs.20,000/- has been awarded. Towards by-stander's expenses, we find that the Tribunal has granted only Rs.5,000/-. The accident was in the year 2004. Therefore, a reasonable amount, viz. at the rate of Rs.250/- per day could have been granted and if so, the total amount under the said head will come to Rs.8,750/-. In view of the fractures suffered by him and the long period of treatment and the fact that the disability is also on a higher side, we award an amount of Rs.50,000/- for pain and suffering and for loss of amenities and enjoyment in life also, we award an amount of Rs.50,000/-. Since he was unmarried at the time of accident, we award an amount of Rs.27,000/- towards loss of marriage prospects. The award is accordingly modified in the following manner:
(Rupees Five Lakhs Twelve thousand nine hundred and four only) Accordingly, the appeal is allowed and the appellant will be entitled for a total compensation of Rs.5,12,904/-. We grant interest at the rate of 9% per annum for the enhanced amount of compensation. The insurance company is directed to deposit the entire amount of compensation, less the amount already deposited before the Tribunal, within a period of three months. No costs.
(T.R.RAMACHANDRAN NAIR, JUDGE) (P.V.ASHA, JUDGE)