D. V. SHYLENDRA KUMAR, J.

( 1 ) THIS appeal by the injured claimant in a motor accident is for enhancement of the quantum of compensation in respect of the injury suffered by him in the accident.

( 2 ) THE claimant/appellant was a passenger in a tempo which was involved in the accident. The claimant suffered extensive injuries particularly as resulted in fracture of right femur, fracture of right zygomatic complex, fracture of nasal bridge, fracture of noso eluamoidal, fracture of mandible and other injuries. He has also suffered injuries to his face. The injured appellant underwent hospitalisation for a long period of 6 months and had to undergo operations in respect of the fracture to his leg. A steel rod has been fixed and for removal of the same he had to undergo further operation. He incurred considerable medical expenses. The claimant was a businessman doing business in manganese ore.

( 3 ) THE Tribunal after considering the nature of injuries sustained by the claimant, the period of hospitalisation, medical expenses incurred etc. , awarded compensation as under: Towards injuries

. . . . . .

Rs. 47,000/-

. (comprising of Rs. 15,000/- for fracture of femur, Rs. 15,000/-for fracture of mandible, Rs. 7,000/- for fracture of nasal bone, Rs. 7,000/- for fracture of Noso eluamoidal and Rs. 3,000/- for two simple injuries)

Towards medical expenses

. . . . . .

Rs. 53,210/-

Towards disability

. . . . . .

Rs. 25,000/-

Towards pain and sufferings

. . . . . .

Rs. 20,000/-

Towards future medical expenses

. . . . . .

Rs. 8,000/ -.

( 4 ) THE Tribunal also awarded a sum of Rs. 12,000/- for the loss of earnings during the period of 6 months of hospitalisation taking 20% of the earning for the relevant period.

( 5 ) THE amount awarded also carried interest at the rate of 6% per annum from the date of the petition till payment.

( 6 ) SRI Sabhahit, learned Counsel for the appellant submits that the tribunal erred in not awarding any compensation for loss of amenities and compensation towards loss of future earnings. It is also the submission of the learned Counsel that a sum of Rs. 25,000/- awarded towards disability by the Tribunal even if it were to compensate for loss of future earnings, is on the lower side and it requires enhancement.

( 7 ) PER contra Sri Hegde Mulkhand, learned Counsel for the Insurance company submits that the Tribunal has awarded a sum of Rs. 47,000/- towards injuries and adding a further sum of Rs. 20,000/- for pain and sufferings and on this count itself the Tribunal has awarded a sum of rs. 67,000/- and as such no separate compensation towards loss of amenities is called for. Learned Counsel also submits that a sum of Rs. 25,000/- has been awarded for the disability also even when it has awarded compensation for each injury and there is no need to award any amount towards loss of future earning. The learned Counsel submits that in the alternative this amount of Rs. 20,000/- can be conveniently categorised under the head "loss of amenities" and as such there is no need to award any separate compensation under the head "loss of amenities".

( 8 ) IT is no doubt true that the total compensation awarded under the heads injuries, pain and sufferings and disability adds up to Rs. 92,000/- but we are not inclined to agree with the submissions of the learned counsel for the respondent that having regard to the nature of the injuries, the sum of Rs. 47,000/- is on the higher side. The appellant had suffered extensive injuries to his leg, on the face and it is a fact that he had to undergo hospitalisation for the period of 6 months which indicates that the injuries suffered is not only grievous but also for long. The amount of Rs. 20,000/- for pain and sufferings in the circumstances cannot be said to be on the higher side. A sum of Rs. 25,000/- towards disability though not indicates as to the loss of future earnings, the tribunal has awarded this amount in the context of the discussions as to the extent of disability whil

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