Ramachandran Nair, J.
This appeal is filed by the claimant seeking enhancement of the compensation awarded by the Tribunal.
2. We heard the learned counsel for the appellant and the learned counsel for the Insurance Company.
3. The accident occurred on 24.9.2006 at about 6.45 p.m. The appellant was riding his bicycle along NH 47 between Alappuzha- Kollam road. At a place called Valiyakulangara Bhagam, the offending vehicle, the car driven by the first respondent having Reg.No. KL 4/ N 3706 hit on the rear side of the bicycle, causing him to fall down. He sustained head injury, right temporal EDH, avulsed right ear and black eye on the right side. It is stated that his right eye is lost and the eye lids have been closed.
4. The learned counsel for the appellant submits that even though the Medical Board assessed whole body disability as 18%, the Tribunal has only accepted 9% disability, which is not justified.
5. The learned counsel for the Insurance Company submitted that the Doctor was not examined. As rightly pointed out by the learned counsel for the appellant, the certificate showing disability is issued by the Medical Board and there is no challenge against the contents also. Therefore it can be safely be accepted. We find from the certificate that the disability has been assessed in the following manner :
Bilateral anosmia 3% Headache, dizziness 5% Right IIIrd nerve palsy ( recovering) -right pupil normal, right ptosis + - c/o diplopia 10%
6. The appellant claimed Rs.4,000/- as the monthly income for doing the work of rubber tapper and the Tribunal accepted Rs.3,500/- which we do not interfere. The learned counsel further submitted that because of the disability he will not be able to enjoy the life as before and therefore the amount awarded for loss of enjoyment of life and amenities requires appropriate enhancement. It is also submitted that the amount awarded towards pain and suffering is also less than the quantum eligible to be granted.
7. The Tribunal has fixed the compensation in the following manner :
8. The appellant was treated in the Medical College Hospital, Kottayam as an inpatient for a period of 9 days after his initial treatment in the Medical College Hospital, Alappuzha. In the light of the injuries sustained by him and the procedures of treatment, we are of the view that an amount of `25,000/- can be granted towards pain and suffering. The disability will definitely affect his normal avocation and there will be resultant loss of enjoyment of life and amenities, for which we grant an amount of `25,000/-. The disability compensation will be `1,13,400/- ( 3500 x 12 x 15 x 18%).
9. The total compensation will be as follows :
10. The amount will carry interest @ 9% per annum from the date of petition. The Insurance Company will deposit the amount before the Tribunal less the amount already deposited, if any, within a period of three months from the date of receipt of a copy of this judgment.
The appeal is accordingly allowed. No costs.
T.R.RAMACHANDRAN NAIR, JUDGE sv. P.V.ASHA, JUDGE