Ramachandran Nair, J. This appeal is filed by the claimant, aggrieved by the inadequacy of the compensation. We heard the learned counsel for the appellant and the learned counsel for the Insurance Company. The date of accident is 22.11.1997. He was riding a scooter and travelling through the Willington Island - Indira Gandhi road. The offending vehicle is a Kinetic Honda Scooter. As a result of the accident, the appellant sustained the following injuries:
“1) Lacerated injury upper lip 1 cm X 1 cm - inner side,
2) Abrasion on the right forearm at the middle,
3) Pain and swelling on the mandible,
4) Diffused swelling bilaterial tempero mandibular joint,
5) Bilateral sub-condylar fracture maxilla (left Medial displacement),
6) Class III fracture Lower Jaw 2 teeth.
7) Class III Fracture 1 teeth/upper jaw.”
2. He was immediately taken to the Cochin Port Trust Hospital, Willington Island, and after first aid, he was taken to Gautham Hospital, Kochi and therein he was admitted as an inpatient from 22.11.1997 to 25.11.1997. From 25.11.1997 he was admitted in the Medical Trust Hospital, Ernakulam, as an inpatient upto 2.12.1997. It is his case that the treatment continued as an outpatient for a long period. He was working as a Clerk in Indev Shipping Company, W/Island and was getting a monthly salary of Rs.2,500/-. As against the total compensation of Rs.1,50,000/-, the Tribunal awarded Rs.58,237/-. It is the case of the learned counsel for the appellant that the Tribunal committed an error in not accepting disability certificate which certified 12% disability and instead of the same, only 5% has been assessed only on the ground that the Medical Board has not issued the certificate. The learned counsel for the Insurance Company also submitted that the appellant was not examined by the Medical Board.
3. While we come to the documentary evidence, we find that various certificates have been issued by the Medical Trust Hospital, Ernakulam. Ext.A4 will show that 3 teeth of the appellant were extracted on account of the accident. Ext.A5 medical certificate issued from the Medical Trust Hospital will show that he sustained 12% disability due to the injuries. Ext.A6 is the treatment certificate issued from the very same Hospital. In the light of the treatment certificate as well as Ext.A4 certificate, which show the procedures undertaken, there is nothing to discredit the certificate Ext.A5 showing the percentage of disability since he was treated in the very same hospital. Therefore, we are of the view that the said certificate can be accepted.
4. The Tribunal has assessed the compensation in the following manner:
5. It is also submitted by the learned counsel for the appellant that for loss of amenities and for extra nourishment and bystander's expenses etc. meagre amounts alone have been granted.
6. The salary certificate shows that he was getting Rs.1,500/- per mensem. Therefore, the compensation for disability will be Rs.38,880/-. For pain and suffering we grant Rs.20,000/-, for extra nourishment and bystander expenses, we grant an amount of Rs.2,000/-. For loss of amenities, we find that he is entitled for enhanced compensation since 3 teeth have been extracted. Therefore, we fix an amount of Rs.25,000/- for the same.
Therefore, the appellant is entitled to a total compensation of be Rs.1,06,100/- (Rupees One lakh six thousand and one hundred only) which will carry interest @ 9% per annum. The Insurance Company will deposit the amount within a period of three months and on such deposit being made, the claimant can withdraw the amount.
7. There was a delay of 400 days in filing the appeal.
Therefore, the appellant will not be entitled to the interest for the above period.
The appeal is allowed accordingly. No costs.
Sd/-
T.R.RAMACHANDRAN NAIR Judge rtr/ Sd/-
P.V.ASHA Judge /true copy/ P.S to Judge