MFA 7112/2011 is filed by the insurer of the offending vehicle challenging the quantum of compensation awarded by the Tribunal as excessive and seeking reduction. MFA 2152/2009 is filed by the claimant seeking enhancement.

2. As these two appeals are arising out of a common Judgment and Award dated 26.03.2011 passed in MVC No.1450/2009 on the file of the X Additional Judge, Member, MACT, Bengaluru, awarding a compensation of Rs. 18,35,225/- with interest @ 6% p.a. from the date of petition till realization, they are heard together and disposed of finally by this common Judgment.

3. For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.

4. As there is no dispute regarding injuries sustained by the claimant in a road traffic accident occurred on 09.01.2009 due to rash and negligent driving of the lorry bearing registration No.MYS5151 by its driver and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is:

“Whether compensation of Rs. 18,35,225/- awarded by the Tribunal is just and reasonable or does it call for reduction or enhancement? ”

5. After hearing the learned counsel appearing for parties and perusing the judgment and award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and hence it is required to be enhanced.

6. As per Exs.P4 and P5 wound certificates, the claimant had sustained the following injuries:

a) Degloving injury of right hand and distal fore arm;

b) A L.W. 20 X 10 cm. on popliteal region at degloving distal thigh and leg right;

c) A CLW 10 x 3 cm. over medial aspect right foot, Degloving injury of right hand, complete skin avulsion extending to elbow and posterior aspects forearm;

d) Degloving right thigh with cut lacerated wound 10 x 3 cm. medial aspect of the right foot;

e) Crush injury right hand with fracture of 2nd and 3rd proximal phalanz. Base with fracture Radial Styloid and Ulnar Styloid with severe;

f) Crushing of 4th and 5th fingers

The injuries sustained by the claimant are evident from Exs.P4 and P5 discharge summaries and supported by oral evidence of the claimant and two doctors, who were examined as PWs1 to 3 respectively. PW2, who is working as Chief Medical Officer in Mallya Hospital, Bengaluru had deposed that the claimant has sustained the following injuries:

i) Degloving injury of right hand, complete skin avulsion extending to elbow and posterior aspects forearm;

ii) Degloving right thigh with cut lacerated wound 10 x 3 cm. medial aspect of the right foot;

iii) Crush injury right hand with fracture of 2nd and 3rd proximal phalanz. Base with fracture Radial Styloid and Ulnar Styloid with severe;

iv) Crushing of 4th and 5th fingers PW3 – Dr.Ramesh, Orthopedic Surgeon at Victoria Hospital has deposed that the claimant had sustained following injuries:

(i) crush injury of right fore arm and hand and

(ii) degloving injury of right thigh and calf region

He has further stated that the claimant underwent several surgeries to right forearm and finally right forearm below elbow was amputated. Extensive debridement of right thigh and LAD application and SSG to right lower limb and further deposed that he has examined the claimant on 01.01.2011 for disability assessment and claimant has complained of pain in the right lower limb, inability to stand for long time, squatting, climbing upstairs, pain in right stump hump wound over stump hump and inability to do routine work with right upper limb. PW3 has found the following disabilities:

(i) walk with limp

(ii) deformity of right lower limb

(iii) joint line tenderness of right knee joint

(iv) restriction of joint movement; right knee flexion 50 degree, normal 025 degree

(v) inability to squat sits cross-legged

(vi) difficult to climb upstairs and kneel

(vii) below elbow amputation of right forearm and

(viii) tenderness over stump wound ove