Asha, J.
The appellant is the injured in a motor accident which occurred on 18.3.2011 while he was riding the motor cycle on being hit by a pick up van. He sustained very severe injuries as given in paragraph 10 of the award, which is extracted below :
(1) Fracture Basacervical (L) hip
(2) Fracture shaft of femur (L)
(3) Type II open fracture both bone
(4) Subrachnoid haemorrhage
(5) Fracture neck of femur (L)
(6) Lacerated wound 2 x 2 cm. Over left leg
(7) Lacerated wound left hip area
(8) Contusion left side of forehead
(9) Pneumocephalus
(10) Lacerated wound 8 x 3 cm. In lower limb
(11) Abrasion (L) side of chest 5 x 6 cm.
2. The appellant/claimant underwent treatment for a period of 54 days as inpatient in three different hospitals. His disability was assessed as per Ext.X1 certificate at 20.6% with neuro disability at 15% and orthopaedic disability at 5.6%. The claim petition was filed seeking compensation to the tune of `5 lakhs. The Tribunal awarded a sum of ` 2,88,000/- as compensation.
3. The learned counsel for the appellant submits that the amount awarded under various heads is thoroughly inadequate. The appellant claimed that he was working as a sales man earning `8,000/- per month. The Tribunal reckoned the income @ ` 5,000/- per month. The appellant was aged 27 and the injuries has resulted in disfigurement as well as permanent disability.
4. We find that the Tribunal has awarded compensation for permanent disability reckoning the disability factor at 8%. The amount awarded under various heads are found to be too low. Therefore, we modify the same. Under the head of transport to hospital, a sum of ` 2,000/- alone is awarded. It is seen that the appellant had to undergo treatment in three different hospitals and he had to undergo outpatient also after the hospitalization. Similarly, under the head of extra nourishment, a sum of `2,000/- alone is granted. We enhance the compensation under these two heads to ` 4,000/- each. Towards bystander expenses, the Tribunal has granted only `10,400/- reckoning `200/- per day. We enhance it @ `250/- per day. Under the head of pain and suffering, a sum of ` 30,000/- alone is granted. Considering the grievous nature of the injury sustained, we find it fit to enhance the same to `50,000/-. The Tribunal has granted compensation under the head of permanent disability reckoning the disability factor as 8%. We find that in addition to the compensation for permanent disability, it is necessary to award compensation towards loss of earning capacity. Therefore, the sum of ` 81,600/- will be treated as the compensation for loss of earning capacity. In view of the fact that neurological as well as orthopaedic disability was found by the Medical Board, we find it necessary to award a sum of `35,000/- for permanent disability. Under the head of loss of amenities, it is found necessary to enhance the same from `20,000/- to `35,000/-. The appellant was aged only 27 years at the time of the accident. The accident which resulted in severe injuries and permanent disability has caused diminution in his marriage prospects. Therefore, we find it just to award a sum of `35,000/- under this head.
5. Accordingly, the appellant will be entitled to compensation as follows:
6. The amount will carry interest @ 9% per annum from the date of petition. There will be a direction to the Insurance Company to deposit the amount less the amount already deposited within a period of three months from the date of receipt of a copy of this judgment.
The appeal is allowed as above.
T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.