JUDGMENT Mr. K. Kannan, J. (Oral):- The appeal is for enhancement of compensation for injuries suffered in an motor accident by a person, who claimed to be a driver. He had fracture in both legs and the evidence was that he had been originally admitted on the date of accident i.e. 09.11.2008 at the Civil Hospital, Kharar and later was referred to PGI at Chandigarh for further treatment. He had undergone surgery on 15.11.2008 and discharged from the hospital on 20.11.2008. The appellant gave evidence to the effect that he was a driver and remained on bed nearly 8 months after the accident. His contention was that he could not earn as a driver during all the period of his convalescence. He had produced medical bills to the tune of Rs.6,166/-. The Tribunal allowed for this and added another Rs.4,000/- for pain and suffering and granted a compensation of Rs.10,166/-. 2. The learned counsel for the appellant has a grievance that the Court has not properly assessed the loss of income, the hospital expenses and the disability which he had suffered. According to him, the hospital itself has assessed the disability through a Committee of experts and he had been assessed as having been suffered at 5% permanent disability. A copy of the disability certificate was filed before the Court but it appears that the Tribunal itself did not have the benefit of consideration of this certificate since the person who issued the certificate was not examined. 3. The learned counsel for the State would contend that no proper evidence was given at all and there was no proof that he was working as a driver. There was also no proof that he was required to take rest for 8 months and that he had lost his income for 8 months. He would further deny that there is a permanent disability and if no medical evidence is available for such assessment, the compensation awarded already is adequate and the appeal would require to be dismissed. 4. It is clear from the evidence that there had been a surgical intervention for both legs for correction of the fracture. There had been an implant for reduction of fracture in one leg and there had been fixation through metal screws for improving the stability of another bone. 4. It is clear from the evidence that there had been a surgical intervention for both legs for correction of the fracture. There had been an implant for reduction of fracture in one leg and there had been fixation through metal screws for improving the stability of another bone. If the surgical intervention, which was made required hospitalization for about two weeks, the provision for attendant charges and transportation must have been also provided for. The component of pain and suffering for fracture in both legs must have appropriately given and, therefore, even the assessment made at Rs.4,000/- is, in my view, grossly inadequate and I would enhance it to Rs.15,000/-. I will provide for attendant charges Rs.2,500/- and for special diet Rs.2,500/- and Rs.2,500/- for transportation. I will take the same expenses towards medicines as brought through the bills and I will also assess the loss of income at Rs.25,000/- assuming that as an able body aged 28 years, he would have earned Rs.3,000/- per month and I will not totally discard his evidence that he was out of action nearly 8 months. 5. Both the counsel argued that on account of his disability his earning capacity has reduced. I will take the certificate at its face value since it was issued by a medical institute of repute. I will take 5% disability as loss of amenities to Rs.10,000/-. The compensation overall is tabulated as under: ----------------------------------------------------------------------------------------------------------------------------------------- Heads of Claim Tribunal High Court Sr. No. Amount Rs. Amount Rs. 1 Loss of income - 25000 2 Medical expenses: (i) Medicines 6166 6166 (ii) Hospital Charges - - (iii) Attendant Charges - 2500 (iv) Special Diet - 2500 (v) Future medical expenses - - 3 Transport 2500 4 Pain & Suffering – per fracture 4000 15000 /per surgery 5 Disability in percentage (%) 5 5 6 Reduction in life expectancy/ - 10000 Loss of amenities 7 Loss of earning power in percentage - - 8 Income x % of loss of earning power - - x multiplier 9 Loss of prospect of marriage/ - - Special damages Total Rs.10,166/- Rs.63,666/- ----------------------------------------------------------------------------------------------------------------------------------------- The total compensation payable will be Rs.63,666/-. The amount in excess of what has already been awarded by the Tribunal shall attract interest @7.5% per annum from the date of petition till the date of payment. The amount in excess of what has already been awarded by the Tribunal shall attract interest @7.5% per annum from the date of petition till the date of payment. The liability shall be in the same manner as already determined by the Tribunal. 6. The award stands modified and the appeal is allowed to the above extent. --------0.B.S.0------------ ——————————