K. Kannan, J. - (1.) THE appeal is for enhancement of compensation for injuries suffered in a motor accident that took place on 21.08.1998 in which the claimant had suffered injuries viz.; fracture of pelvis and rupture of urethra. The disability of the claimant was assessed at 40% permanent in nature. He remained hospitalized for more than three months in various hospitals during which he was operated upon twice and cystosepy was done to regulate his urinal system. The claimant remained under treatment for about ten months and he produced bills from Ex. P15 to Ex. P87, Ex. P89 to Ex. P142 totalling upto Rs. 38,604.54 excluding fee for OPD visits, special diet and transportation charges. He was said to running a dhaba and the Tribunal assessed the average income of the claimant to be Rs. 2,000/ - per month. The Tribunal has assessed the compensation of Rs. 2,00,000/ - under the various heads as follows: - 1. Compensation on account of treatment:Rs. 50,000/ -
(2.) COMPENSATION on account of disability:Rs. 60,000/ - Compensation on account of pain and:Rs. 50,000/ - suffering
(3.) COMPENSATION on account of loss of:Rs. 40,000/ - income present and future, special diet and transportation etc. Total:Rs. 2 lacs 2. The Tribunal has provided for a consolidated amount of Rs. 40,000/ - on account of loss of income present and future, special diet and transportation. I will provide for each head separately i.e. Rs. 9,000/ - for loss of income for three months, Rs. 20,000/ - for special diet, attendant charges and transportation. I will take the 40% disability to be resulting into 20% loss of earning capacity as well. I will take the income of the claimant at Rs. 3,000/ - per month and apply a multiplier of 18 to assess the loss of earning capacity at Rs. 1,31,600/ -. The compensation provided for Rs. 60,000/ - on account of disability, I would take as loss of amenities for life. I will rework the compensation and tabulate the various heads of claim as under: - 3. The total compensation payable shall be Rs. 3,20,600. The amount in excess over what has already been provided by the Tribunal shall also attract interest @7.5% from the date of petition till the date of payment. The liability shall be in the same manner as determined by the Tribunal. 4. The award stands modified and the appeal is allowed to the above extent.;