Though this matter is listed for admission today, with the

consent of both the learned counsel it is taken up for final

disposal.

2.

Heard the learned counsel for the appellant and the

learned counsel for respondent No.2.

3.

This appeal is filed challenging the judgment and

award dated 27.04.2015, passed in M.V.C.No.504/2014, on the

file of the IV Additional District and Sessions Judge, Additional

MACT, Hassan, sitting at Channarayapatna, (8the Tribunal9 for

short), questioning the quantum of compensation.

4.

The factual matrix of the case of the claimant is that

he met with an accident on 28.06.2013 and as a result, he

sustained facial injuries i.e., comminuted displace fracture

3

anterloateral

walls

of

bilateral

maxillary

antrum

with

haemosinuses, fracture of left lateral wall at orbit at fronto

zygomatic suture, comminuted left zygomatic arch fracture,

fracture of bilateral nasal bones and sesptum with blood in nasal

cavity, undisplaced fracture laminae papyrecea (medial wall) of

left orbit, undisplaced fracture of lateral pterygoid process of

maxilla, bilateral, undisplaced fracture of alveolar process of

maxilla on left side and bilateral maxillary and ethmoid

haeosinuses. The Tribunal considering the nature of injuries,

awarded an amount of Rs.40,000/- under the head pain and

suffering. Having considered the nature of injuries, though it is

facial injuries, this Court has to take note of several fractures

and hence it is appropriate to award an amount of Rs.60,000/-

as against Rs.40,000/-.

5.

The Tribunal awarded an amount of Rs.80,000/-

under the head medical expenses and the same is based on the

documentary evidence and hence it does not require interference

of this Court.

6.

The claimant was an inpatient for a period of 12 days

and the Tribunal awarded an amount of Rs.15,600/- under the

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head conveyance charges, nourishment and attendant charges

and the accident is of the year 2013 and hence it does not

require interference of this Court.

7.

The Tribunal has not awarded any amount under the

head loss of income during the laid up period and he was an

inpatient for a period of 12 days and also suffered several facial

fractures. Taking his income as Rs.8,000/- per month since it

was an accident of the year 2013, it is appropriate to award an

amount of Rs.40,000/- under the head loss of income during

the laid up period.

8.

The Tribunal has taken the income of Rs.5,500/- per

month. Taking his income as Rs.8,000/- per month since it was

an accident of the year 2013 and applying the relevant multiplier

of 8189 and taking the disability of 5%, an amount of

Rs.86,400/- (Rs.8,000/- x 12 x 18 x 5%) is awarded under the

head loss of future income.

9.

The Tribunal has not awarded any amount under the

head loss of amenities. When he is aged about 25 years and he

has to lead rest of his life with 5% disability, that too facial

5

disability, it is appropriate to award an amount of Rs.25,000/-

under the head loss of amenities.

10.

In all, the claimant is entitled for an amount of

Rs.3,07,000/- as against Rs.1,95,000/-.

11.

In view of the discussions made above, I pass the

following:

ORDER

(i)

The appeal is allowed in part.

(ii)

The impugned judgment and award of the

Tribunal

dated

27.04.2015,

passed

in

M.V.C.No.504/2014,

is

modified

granting

compensation of Rs.3,07,000/- as against

Rs.1,95,000/- with interest at 6% per annum

from the date of petition till deposit.

(iii)

The Insurance Company is directed to pay the

compensation amount with interest within six

weeks from today.

(iv)

The Registry is directed to transmit the records

to the concerned Tribunal, forthwith.

Sd/-

JUDGE

MD