Ramachandran Nair, J.,
Alleging that the compensation awarded is inadequate, the appeal is filed by the claimant, as against the claim of Rs. 8,00,000/-, Rs.5,27,900/- was granted.
2. The accident occurred on 11.6.2007 at about 3 a.m while the petitioner was travelling in a lorry bearing No. KL-13 F/9663 as cleaner and was going towards Mangalore from Kasargode. When the said lorry reached the place of accident, it hit on another lorry bearing No. HR-55B/9027 which was coming from the opposite direction and thereby the petitioner sustained serious injuries. He was treated in A.J.Hospital and Research Centre, Mangalore as inpatient. The petitioner was aged 27 years working as a cleaner in the lorry earning Rs. 6,000/- per month during the time of accident.
3. The claimant has produced Ext.A1 to A12 and Ext.X1.
Ext.A2 is the copy of the wound certificate. Ext.A3 series are the discharge summaries. Exts.A4 is the copy of the treatment certificate and Ext. A5 is the medical certificate. Ext.A6 series are the prescriptions and Ext.A7 series are the medical bills, Ext.A8 series are the canteen bills. Ext.A9 series are the train tickets, Ext.A10 is the school admission extract, Ext.A11 are the photos & Ext.A12 is the photo CD.
4. The petitioner sustained the following injuries:
1) Lacerated wound 6x1 cms horizontally, across the left upper eyelid exposing the laceration across the eye ball with prolapse and loss of intra ocular contents.
2). Degloving laceration 15cmx10cm over outer aspect of upper one third of left leg with skin loss and wound contamination, exposing the underlying muscle belly along with injury to common peroneal nerve resulting in foot drop.
3). Lacerated wound 5x1cm muscle deep over outer aspect of lower third of left leg.
4). Loss of left eye.
5. He was taken to A.J. Hospital & Research Centre, Bangalore immediately. Evisceration of left eye was done. Left eyelid repair and wound debridement of left leg was done. Skin grafting was also done. He was admitted on 11.6.2007 and discharged on 11.7.2007.
6. The disability has been assessed as 30% going by the visual disability of left eye. The same is supported by Ext.X1 medical certificate issued by the Medical Board attached to City Hospital, Kannur. The Tribunal has accepted Rs. 4,000/- as monthly income .
7. In paragraph 22, the compensation was awarded in the following manner:
8. The learned counsel for the appellant submitted that Rs.6,000/- can be accepted as the monthly income, whereas learned counsel for the respondent submitted that the rate per month adopted by the Tribunal is justified. It is also submitted that the compensation has been awarded in a fair manner.
9. The evidence of the claimant was there before the Tribunal. Since the accident has occurred in the year 2007, we are of the view that the monthly income can be fixed as Rs. 5,000/-. The disability compensation therefore, will be Rs. 3,06,000/- (5000x12x17x30/100).
10. For partial loss of earning, he will be entitled to Rs.
25,000/-. The Tribunal has observed in paragraph 21 that since he has lost eye sight as well as the eye socket of the left eye was removed, there is dis-figuration on his face as well as loss of vision. We grant an amount of Rs. 20,000/- towards dis-figuration since the same has not been accounted for in the award. Accordingly, we refix the compensation in the following manner:
(Rupees Six lakh Fourteen Thousand One hundred only)
11. The Tribunal awarded interest only at the rate of 8% which is inadequate. Appellants will be entitled to interest @ 9% p.a from the date of petition, in the light of the decision of the apex court reported in Supe Dei(Smt.) & Ors. v. National Insurance Co. Ltd. and Anr. [(2009)4 SCC 513].
12. The Insurance Company is directed to deposit the entire award amount less, the amount already deposited within a period of three months.
The appeal is allowed as above. No costs.
Sd/-
T.R.RAMACHANDRAN NAIR (JUDGE) AL/-
Sd/- P.V.ASHA (JUDGE) True copy P.A to Judge