JAI PRAKASH TRIPATHI Vs. ARJUN SINGH

JUDGEMENT

(1.) THIS appeal is filed by the claimant for enhancement of compensation awarded by the Claims Tribunal for the injuries sustained by him. The only question involved in the appeal is whether the compensation awarded by the Claims Tribunal is just and proper.

(2.) THE Claims Tribunal has awarded Rs. 30,000/- as compensation to the claimant for injuries. The Tribunal has found fractures on tibia and fibula bone of the left leg of the claimant on the basis of X-ray report. It has also come on record that due to the said fracture a steel rod was inserted in the leg of the claimant after operation and subsequently the same was removed. The claimant could not perform his duties for a period of ninety days and did not get the salary for the said period. The salary of the claimant is Rs. 2,500/- per month. The Tribunal has awarded an amount of Rs. 30,000/- towards pain and suffering, but has not awarded any amount for loss of income and other expenditure.

(3.) SINCE the claimant was operated twice and had to undergo prolonged treatment, he must have spent some amount for his treatment, conveyance for going to the hospital and for special diet. The claimant has produced bills of Rs. 8,100/- towards medical expenditure, which are Exs. P-11 to P-38. It is true that some of the bills are only documents (Exhibits), but nonetheless it is clear that the appellant has spent a substantial amount on his treatment. Considering this fact, I award an amount of Rs. 12,500/- towards medical expenses, special diet, conveyance etc. Thus the appellant is entitled to an amount of Rs. 50,000/- as compensation. The enhanced amount shall carry interest at the rate of seven per cent per annum from the date of award.