JUDGMENT 1. The injured in an road accident, who was the claimant, before the Motor Accident Claims Tribunal, is the appellant. 2. Before the Tribunal, under several heads, totally Rs.10,00,000/- had been claimed. The Tribunal has awarded him Rs.4,32,240/- as total compensation. 3. According to the learned counsel for the appellant, the Tribunal, has not taken into account several relevant aspects, not awarded any amount towards transportation charges and a lesser amount has been awarded for expenses towards extra-nourishment. Although the disability has been arrived at 60% and 30%, it had awarded only Rs.80,000/-. No amount was awarded towards loss of future earning power and for loss of earning during his period of treatment. 4. However, the learned counsel for the Insurance Company would submit that the Tribunal doubted the genuineness of Ex-P8 salary certificate, during his cross examination, P.W.1, himself had exposed it. There is no evidence to show that as a result of the injuries sustained by him, he had lost his future earning capacity. In the facts and circumstances, the Tribunal has rightly awarded him compensation under appropriate heads. 5. I have considered the rival submissions. Perused the findings of the Tribunal. 6. Now, in this appeal, we are concerned with the quantum alone, P.W.3, a doctor had assessed the disability of the appellant at 30% with respect to his fracture in knee and another Doctor(P.W.2) had assessed his disability due to the head injury at 60%. The Tribunal has added the disability i.e., 60% + 30% = 90%. The Tribunal is not correct in adding the disability with respect to each limb it may differ in view of their functional aspect. However, taking into account the age of the appellant, namely, 37 years, his income as determined by the Tribunal, namely, Rs.6,000/-p.m., in the facts and circumstances, by adding Rs.10,000/-, the disability compensation is raised to Rs.90,000/-. 7. The appellant was hospitalized for two months in three private hospitals. Lot of to and fro trips might have been made. So towards transportation charges Rs.10,000/-is awarded. Cost of items like horlicks, apples etc., are day by day increasing. Taking into account the age and his considerable period of hospitalisation, towards extra-nourishment charges Rs.5,000/- awarded by the Tribunal is raised to Rs.15,000/-. 8.
Lot of to and fro trips might have been made. So towards transportation charges Rs.10,000/-is awarded. Cost of items like horlicks, apples etc., are day by day increasing. Taking into account the age and his considerable period of hospitalisation, towards extra-nourishment charges Rs.5,000/- awarded by the Tribunal is raised to Rs.15,000/-. 8. As regards the claim for loss of earning power, as rightly submitted by the learned counsel for the Insurance Company, there is no evidence to show that the disability sustained by the appellant in the road accident has resulted in decreasing his earning capacity. Thus, the Tribunal has rightly rejected the claim for compensation for loss of future earning capacity. 9. In the result, the total sum of Rs.4,32,240/-awarded by the Tribunal is enhanced to Rs.4,62,240/-. The enhanced compensation will carry 7.5% interest p.m., from the date of original petition till the date of deposit. The second respondent Insurance Company shall deposit the entire enhanced amount, excluding the amount already deposited, within four weeks from the date of receipt of a copy of this order. On such deposit, the appellant is permitted to withdraw the amount by making appropriate application. This appeal is allowed to the extent indicated above. No costs.