In respect of an accident which is not in dispute and the

liability of the insurer to satisfy the compensation is also not in

dispute, the Tribunal has awarded the following sums:

Sl.No.

Heads of Compensation

Amount in Rs.

Towards pain and agony

(fracture of mid face-leforts)

40,000-00

Towards

medical

expenses

of

Rs.2,25,361/- + Attendant charges,

food and nourishment

2,35,000-00

3.

Towards loss of income during the

course of treatment (for 3 months)

18,000-00

4.

Towards Conveyance

10,000-00

5.

Towards

unhappiness

due

to

disfiguration

50,000-00

Total

3,53,000-00

In awarding the above sums, the Tribunal has come

to the conclusion that the notional income of the claimant was

to be determined at Rs.6,000/- per month. The Tribunal has

however, not awarded any amount towards loss of future

- 3 -

income on the ground that the disability suggested by the

doctor was in relation to disfigurement of the claimant's face

and therefore the claimant would not be entitled to any sum.

3.

The doctor, who had deposed on behalf of the

claimant has stated that as a result of the fracture to his facial

bones, the claimant would have difficulty in consuming his food

and therefore he had facial disability of 43%. In view of the

fact that every time the claimant has to consume food, he will

have to suffer and undergo pain and agony, it would be

appropriate to determine the permanent disability at 10%. As

the accident was of the year 2015, the notional income of

Rs.9,000/- per month fixed by the Karnataka State Legal

Services Authority is applied and as the claimant was aged 49

years, multiplier of '13' is adopted and it is held that the

claimant is entitled to Rs.1,40,400/- (Rs.9,000/- x 12 x 13 x

10%) towards loss of future income.

4.

The Tribunal has awarded a sum of Rs.40,000/-

towards pain and agony and Rs.50,000/- towards loss of

amenities. In my view, it would be appropriate to enhance the

said sums to Rs.75,000/- each, since the claimant has suffered

- 4 -

the facial fracture and find it difficulty to consume food

everyday.

5.

A sum of Rs.2,35,000/- awarded towards medical

expenses and attendant charges would have to be enhanced to

Rs.2,50,000/- having regard to the fact that the claimant was

hospitalized for 12 days and had spent Rs.2,25,361/- towards

medical expenses.

6.

The Tribunal has determined the laid up period as

three months. Since the income is determined at Rs.9,000/-

per month, the claimant would be entitled to Rs.27,000/-

(Rs.9,000/- x 3) towards loss of income during the laid up

period.

7.

A sum of Rs.10,000/- awarded towards conveyance

is affirmed.

8.

In modification of the award of the Tribunal, the

claimant is entitled to the following sums:

- 5 -

Sl.No.

Heads of Compensation

Amount in Rs.

Towards loss of future income

1,40,400-00

Towards pain and agony

75,000-00

3.

Towards

medical

expenses

of

Rs.2,25,361/- + Attendant charges,

food and nourishment

2,50,000-00

4.

Towards loss of income during the

course of treatment (for 3 months)

27,000-00

5.

Towards Conveyance

10,000-00

6.

Towards

unhappiness

due

to

disfiguration

75,000-00

TOTAL

5,77,400-00

9.

Consequently,

the

claimant

is

entitled

for

compensation of Rs.5,77,400/- as against Rs.3,53,000/-. The

claimant is entitled to entire compensation from the insurer

along with interest at 6% per annum from the date of petition

till the date of realization. The insurer is directed to deposit the

compensation amount within eight weeks from the date of

receipt of the certified copy of this judgment.

Accordingly, the appeal is allowed in part.

Sd/-

JUDGE

MD

List No.: 1 Sl No.: 63