JUDGMENT B. Sreenivase Gowda, J.—This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal. Heard, the appeal is admitted and with the consent of learned Counsel appearing for parties, it is taken up for final disposal. 2. For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal. 3. As there is no dispute regarding injuries sustained by the claimant in a road traffic accident occurred on 20-5-2008 due to rash and negligent driving of the offending Lancer car bearing registration No. KA-02-MA-999 by its driver and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is: Whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement? 4. After hearing the learned Counsel appearing for parties and perusing the judgment and award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and hence it is required to be enhanced. 5. As per Ex. P. 2-wound certificate, the claimant has sustained fracture of both bones lower leg 1/3rd and commuted right and multiple abrasion over the back face and right foot. The injuries sustained by the claimant are also evident from Ex. P. 8-discharge summary, Exs. P. 11 and P. 13-X-rays, Ex. P. 12-case sheet, Ex. P. 14-recent examination report and supported by oral evidence of the claimant and doctor, who were examined as P.Ws. 1 and 2 respectively. P.W. 2-Dr. C.V. Kumar in his evidence has stated that the claimant has suffered mobility component to the extent of 90% and stability component to the extent of 90% and difficulty to squat and sit crossed leg and he has suffered disability of 25% to the whole body from right lower limb. 6. Considering two fractures and other injuries sustained by the claimant, a sum of Rs. 35,000/- is awarded towards 'pain and suffering' as against Rs. 20,000/- awarded by the Tribunal. 7. The claimant has produced medical bills for Rs. 42,953.74 at Ex. P. 6 and he was treated as inpatient for a period of 10 days in J.P. Hospital. Considering the same, a sum of Rs. 52,950/- rounded of to Rs.
35,000/- is awarded towards 'pain and suffering' as against Rs. 20,000/- awarded by the Tribunal. 7. The claimant has produced medical bills for Rs. 42,953.74 at Ex. P. 6 and he was treated as inpatient for a period of 10 days in J.P. Hospital. Considering the same, a sum of Rs. 52,950/- rounded of to Rs. 53,000/- awarded by the Tribunal towards 'medical and incidental expenses' is just and proper and there is no scope for enhancement under these heads. 8. The claimant claims to be working as a coolie and earning a sum of Rs. 6,000/- per month. In the absence of proof of income, considering his age as 45 years, year of accident as 2008 and his avocation as coolie, his income could be assessed at Rs. 4,000/- per month. The nature of injuries suggest that he must have been under rest and treatment for a period of 4 months and therefore a sum of Rs. 16,000/- is awarded towards 'loss of income during laid up period'. 9. Considering the nature of injuries sustained by the claimant, disability stated by the doctor and an amount of discomfort and unhappiness the claimant has to undergo in his future life, a sum of Rs. 15,000/- is awarded towards 'loss of amenities'. 10. The claimant is aged about 45 years and the multiplier applicable to his age group is 14. His income is assessed at Rs. 4,000/- per month. P.W. 2-doctor in his evidence has stated that claimant has suffered disability of 25% to the whole body from right lower limb but he has not stated what is the disability caused to limb. So the disability caused to the whole body is taken at 12% as against 10% taken by the Tribunal. Therefore, the 'loss of future income' works out to Rs. 80,640/- (4000 x 12 x 14 x 12/100) and it is awarded as against Rs. 46,800/- awarded by the Tribunal. 11. Considering the nature of injuries, a sum of Rs. 10,000/- awarded by the Tribunal towards 'future medical expenses' is just and proper and there is no scope for enhancement under this head. 12. Thus, the claimant is entitled for the following compensation.-- 13. Accordingly, the appeal is allowed-in-part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimant is entitled for an additional compensation of Rs.
12. Thus, the claimant is entitled for the following compensation.-- 13. Accordingly, the appeal is allowed-in-part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimant is entitled for an additional compensation of Rs. 55,890/- with interest at 6% p.a. from the date of claim petition till the date of realisation. 14. The Insurance Company is directed to deposit the additional compensation amount together with interest within two months from the date of receipt of a copy of this judgment. From which, 75% of the amount with proportionate interest is ordered to be invested in fixed deposit in the name of claimant in any Nationalised Bank/Scheduled Bank/Post Office for a period of 3 years with a right of option to withdraw interest periodically. Remaining amount with proportionate interest is ordered to be released in favour of the claimant. The Tribunal while releasing 25% of the amount is also directed to issue the fixed deposit slips, so as to enable the claimant to withdraw the deposit amount on its maturity without approaching the Tribunal once again and the Bank is directed to release the fixed deposit amount without insisting for any further order from the Tribunal. No order as to costs.