K. Kannan, J. - (1.) THIRD respondent is represented through counsel. Notice to respondent Nos. 1 and 2 is dispensed with.
(2.) THE appeal is for enhancement of compensation for injury suffered in a motor accident that took place on 24.2.1996. The deceased was 42 years of age and he had suffered three fractures in his right leg and the injuries resulted in amputation of the big toe. The doctor who had examined him certified that his disability was permanent to the extent of 20% and he had also suffered temporary disability to the extent of 21%. The tribunal assessed Rs. 94,517/ - as compensation under various heads but made a partial abatement of 50% on the basis of evidence that the accident had taken place at the road intersection when the claimant motor cycle had dashed against the rear side of the truck. In a case where the accident takes place at a road intersection and the collision has taken place at the rear side of the truck the tribunal was justified in apportioning equal responsibility for the accident on both the drivers and if the tribunal had found the claimant to be equally negligent I will find no reason for modifying the same. As regards the various heads of claim which are addressed I would find that the case would require a modification for component of pain and suffering for three fractures and amputation which were stated to the corrected through operations made twice. I will provide for attendant charges, special diet and transportation, as also assess for pain and suffering at the rate of Rs. 7500/ - per fracture and Rs. 5,000/ - for each of the surgical interventions. The amputation always results of loss of earning capacity as well and I will take the income taken by the tribunal at Rs. 3,000/ - and apply the loss of earning capacity at 14% being percentage mentioned as for scheduled injury under the Employees Compensation Act. I will re -work the compensation and the various heads of claim are tabulated as under: - The aggregate will be Rs. 1,54,577/ - and after making an abatement of 50% for contributory negligence the amount of compensation payable will be Rs. 77,288.50 which I will round off to Rs. 77,300/ -. The amount in excess of what has already been granted by the Tribunal shall attract interest at the rate of 7.5% per annum from the date of petition till the date of payment.
(3.) THE award stands modified and the appeal is allowed to the above extent.;