JUDGMENT 1. Though the matter is listed for admission, with the consent of learned counsel for both the parties, it is taken up for final disposal. 2. The appellant dissatisfied with the amount of compensation awarded by the Tribunal for the injuries sustained in a motor vehicle accident, has filed this appeal, seeking enhancement. 3. The facts reveal that on 04.04.2009, the appellant was the pillion rider on the motorcycle bearing No.KA-39/M2909 and on Bhalki-Hulsoor road, the jeep bearing No.KA-39/M0398 driven in a rash and negligent manner came and hit the motorcycle and thereby, the appellant sustained grievous and other simple injuries. He was treated in the hospital and suffered disability. Hence, made a claim for compensation for pain, suffering, mental agony, medical expenses, loss of income, loss of amenities etc. 4. His claim petition was clubbed with MVC No. 513 of 2009 and common evidence was permitted. On behalf of the claimant, PWs.1 to 3 were examined and in their evidence, the documents Exs.P1 to P58 were marked. No evidence was led by the respondents. 5. The Tribunal, after hearing the learned counsel and appreciating the evidence on record, held the driver of the jeep negligent in driving the vehicle and causing the accident and granted a sum of Rs.2,20,634/- with interest @ 6% p.a. as compensation from the date of the petition till its payment. Dissatisfied with the amount of compensation awarded, the present appeal is filed. 6. I have heard the learned counsel for both the parties. 7. The point that arise for my consideration is: Whether the appellant is entitled for enhanced compensation? If so to what extent? 8. Learned counsel for the appellant would submit that the disability and income assessed by the Tribunal is on the lower side and no compensation has been awarded towards loss of income during the period of treatment. It is also his submission that the compensation awarded for pain, suffering, mental agony, attendant charges, medical expenses etc., is meager and needs enhancement. On the other hand, learned counsel for respondents supports the judgment and award of the Tribunal. 9. It is also his submission that the compensation awarded for pain, suffering, mental agony, attendant charges, medical expenses etc., is meager and needs enhancement. On the other hand, learned counsel for respondents supports the judgment and award of the Tribunal. 9. The appellant has suffered the fracture of right tibia, fibula and right radius and ulna; he was treated in the hospital and underwent surgery on two occasions; he was an impatient for an approximate period about one month and ten days; he has suffered disability and the doctor PW.3 has assessed the disability at 52% in the particular limb and 33% of the whole body. The Tribunal has accepted the disability at 15%. Accepting the general rule, the disability in the lower limb would be 1/3 of the particular limb, it would be just and proper to accept the disability at 17%, though the leaned counsel for the appellant contends that it has to be 20%. There are no exceptional grounds made out in the evidence to deviate from the normal rule. The accident is of the year 2009 and as accepted in the Lok Adalats, the income of even an agricultural labourer is assessed at Rs.4,500/-. Thereby, the income assessed by the Tribunal at Rs.3,000/- per month appears to be erroneous. The age of the appellant has been stated to be 50 years by one doctor, whereas another doctor has mentioned his age as 60 years. Though the learned counsel for the appellant submits to accept the age of the appellant as 50 years, as there is no oral evidence and no documents are produced to prove his age, I think, the average has to be taken and his age has to be fixed as 55 years. Thereby, the multiplier to be adopted is ‘11’. The net loss of income in the aforesaid circumstances would be Rs.1,00,980/-(4500x12x11x17/100); deducting a sum of Rs.48,600/-awarded by the Tribunal, the appellant is entitled to an additional sum of Rs.52,380/- towards the loss of future earning capacity. 10. The Tribunal has granted only a sum of Rs.30,000/- towards pain and suffering. The appellant has suffered four fractures as aforesaid, he was an impatient for a period of one month and ten days and he has undergone surgery on two occasions. Hence, I think, it would be just and proper to grant an additional sum of Rs,20,000/- for pain, suffering and mental agony. 11. The appellant has suffered four fractures as aforesaid, he was an impatient for a period of one month and ten days and he has undergone surgery on two occasions. Hence, I think, it would be just and proper to grant an additional sum of Rs,20,000/- for pain, suffering and mental agony. 11. The Tribunal has granted only Rs.5,000/- towards attendant charges. Looking to the period for which he was an impatient, I think, an additional sum of Rs.2,500/- is payable on this head. 12. The Tribunal has not granted any compensation towards the loss of income during the period of treatment. As the appellant suffered four fractures, I think, it would be just and proper to consider the income for a period of four months at Rs.4,500/- deducting the compensation granted towards the disability at 17%, it would be proper to award a sum of Rs.15,000/- towards the loss of income during the laid up period. 13. The evidence reveals that implants were inserted during the surgery and it has to be removed. No future medical expenses have been granted. Hence, the appellant is entitled to a sum of Rs.15,000/- towards the future medical expenses. 14. Thereby, the appellant is entitled to the compensation as under: 1. Towards loss of future earning Rs.52,380/- 2. Towards pain and suffering Rs.20,000/- 3. Towards attendant charges Rs.2,500/- 4. Towards loss of income during The laid up period Rs.15,000/- 5. Towards future medical expenses Rs.15,000/- = Total Rs.1,04,880/- Thus, the appellant is entitled to an additional sum of Rs.1,04,880/- with interest @ 6% p.a. Accordingly, the point is answered in affirmative. Consequently, the appeal is allowed in part. The appellant is entitled to a sum of Rs.1,04,880/- with interest @ 6% p.a. from the date of petition till its payment, in addition to the compensation awarded by the Tribunal.