Asha, J. The appellant is the claimant in O.P(MV) No.2971 of 2000 on the file of the Motor Accidents Claims Tribunal, Ernakulam. He met with an accident on 5.8.2000 while he was travelling in a lorry returning from ISRO Trivandrum to the Lorry Transporting Office at Chakkaraparambu. He sustained the following injuries:
“1. 3 X 1 cm. And 5 X 1 cm. Lacerations on the tongue.
2. Multiple abrasions with contusion on the chin.
3. 3 cms. Long laceration on (Rt) lower labial sulcus.
4. Fracture of two teeth.
5. 7 X 5 cms. laceration on (R) leg.
6. Contusions on (R) thigh, (R) ankle, (L) foot.
7. Fracture of shaft (R) femur.
8. Bimalleolar fracture (R) ankle.
9. Fracture dislocation of tarso metatarsal joints- (L) foot.”
2. He was initially admitted in the Medical Centre, Ernakulam and after a period of 7 days and treatment there as an inpatient he was admitted in the Medical College Hospital, Thiruvananthapuram. Altogether he underwent treatment for a period of 54 days as an inpatient. The claim petition was filed seeking compensation to the tune of Rs.2,78,000/-., stating that he was a worker in a Private Roadways earning a monthly income of Rs.2000/-. The appellant had produced a disability certificate Ext.A7 which certified that he was having 12% disability on account of the injuries sustained. But the Tribunal did not accept that certificate and passed an award for a sum of Rs.95,000/-.
3. This appeal is filed for enhancement of compensation awarded by the Tribunal mainly on the ground that the compensation was assessed without taking disability certificate into account and without granting any compensation under that head.
4. We find that Ext.A7 disability certificate has been issued by the Medical Board attached to the Medical College Hospital, Thiruvananthapuram which has assessed the disability of the appellant as 12%. Therefore, there was no reason to discard the certificate on the grounds stated in para.8 of the award.
5. We find that the compensation awarded under various other heads is inadequate. The appellant was undergoing treatment for a period of 54 days as an inpatient. But the Tribunal has awarded only a sum of Rs.15,000/- under the head `transportation, hospitalisation, attendant expenses, extra nourishment and damage to clothings' together. We find it necessary to enhance the same to Rs.20,000/-. Similarly taking into account his disability as 12%, the appellant will be entitled to a sum of Rs.48,960/- towards `compensation for loss of earning power' reckoning Rs.2,000/- as his monthly income and applying the multiplier of 17. As the appellant has been under treatment for a long period on account of the serious injuries sustained in the accident the amount awarded under the head `pain and suffering' is also liable to be refixed as Rs.35,000/- instead of Rs.25,000/- awarded by the Tribunal. Thus the award will be modified as follows:
Therefore, the appellant will be entitled to a total compensation of an amount of Rs.1,58,960/- (Rupees One lakh fifty eight thousand nine hundred and sixty only) along with interest @ 9% per annum from the date of petition. We direct the Insurance Company to deposit the entire amount within three months, less the deposit if any already made, and on such deposit being made, the claimant can withdraw the amount.
The appeal is allowed accordingly. No costs.
Sd/-
T.R.RAMACHANDRAN NAIR Judge rtr/ /true copy/ Sd/-
P.V.ASHA Judge P.S to Judge