Judgment ( 1. ) THE appeal has been preferred by the claimant for enhancement of compensation calling in question adequacy of compensation awarded by Eighth addl. MACT, Jabalpur, in Claim Case No. 503/2002 as per award dated 7-5-2004. ( 2. ) THE Claims Tribunal has awarded compensation of Rs. 41,000/- on account of injury sustained by the claimant Ku. Kavita aged 19 years. Her spleen had to be removed owing to the injury sustained in the accident, is not in dispute. The Claims Tribunal has awarded compensation of Rs. 12,500/- for medical expenditure Rs. 25,000/- for injury and pain and suffering, for special diet and expenditure on conveyance Rs. 3500/ -. Total compensation of Rs. 41,000/- has been awarded along with the interest @ 9% per annum from the date of filing of the claim petition till realization. Dissatisfied with the quantum of compensation appeal has been preferred by the claimant for enhancement. ( 3. ) IT is submitted by the appellant that documents have not been considered, spleen had to be removed, there were scar marks left due to surgery performed on the body of the claimant. Inadequate medical expenditure has been awarded, due to removal of spleen claimant will have to suffer for remaining part of life, thus compensation be suitably enhanced. ( 4. ) SHRI N. S. Ruprah, learned Counsel appearing with Shri Ajit Singh for insurer has supported the award. He has submitted that no doubt about that spleen had to be removed, however, no serious inconvenience is going to be caused to the claimant due to removal of spleen, thus compensation awarded is proper, no case for its enhancement is made out. ( 5. ) IN our opinion considering the admitted fact that spleen has been removed, the compensation awarded by the Claims Tribunal is found to be inadequate. The function of the spleen is to recognise and dispose of red blood cess (sic: cells) that are past their "use by date" or not working properly. Blood flows into the spleen where the red blood cells go through a sort of quality control test. The function of spleen is to manage, fragile or abnormally shape red blood cells and destroy them. Iron is stored and recycled in new red blood cells. The spleen can store blood to be made available in times of need on emergency basis.
The function of spleen is to manage, fragile or abnormally shape red blood cells and destroy them. Iron is stored and recycled in new red blood cells. The spleen can store blood to be made available in times of need on emergency basis. The spleen can hold up a cup or so of reserve blood. If the body requires some extra blood, the spleen can respond by releasing it back into the system. It also helps to produce white blood cells as part of the immune system and plays an important role in the bodys defence mechanism. ( 6. ) IN view of the aforesaid we find compensation of Rs. 25,000/- for removal of spleen and pain and suffering is inadequate. We deem it appropriate to enhance it by further sum of Rs. 75,000/-, thus compensation on account of removal of spleen comes to Rs. 1,00,000/- inclusive for pain and suffering, on account of medical expenditure the Claims Tribunal has awarded compensation of Rs. 12,500/- and has disallowed (P-87) bills of Nayak Nursing Home of rs. 13,500/-, all the bills appear to be genuine as such we allow the aforesaid amount, obviously treatment was undertaken in Nayak Nursing Home also, thus medical expenditure comes to Rs. 12,500 + 13,500 = Rs. 26,000/- which we award. Apart from that we affirm compensation of Rs. 3500/- for conveyance and Rs. 1000/- for expenditure on attendant, thus we award compensation under the following heads :- ( 7. ) THUS total compensation comes to Rs. 1,30,500/- (Rs. One Lakh thirty thousand five hundred only ). The compensation enhanced by this Court to carry the interest @ 7% per annum from the date of filing of the claim petition till realization. ( 8. ) RESULTANTLY, the appeal is allowed in part to the aforesaid extent. No costs.