JUDGMENT : 1. Being dissatisfied with the compensation awarded by the Tribunal at Rs.2,80,254/for the injuries sustained by him in a motor vehicle accident, the claimant has preferred this appeal. 2. The factum of the accident is not in dispute and so also liability of the Insurance Company. 3. The Tribunal, on assessment of the oral evidence adduced before it, has come to the conclusion that the claimant has suffered fracture of 1/3rd humerus and fracture of ulnar upper 1/3 (L) along with wrist drop. 4. The Tribunal has thereafter assessed the disability at 10% to the whole body and after determining the monthly income of claimant at Rs.6,000/-, has awarded compensation under various heads as under: Sl. No. Particulars Amount in (Rs.) 1. Loss of future earning capacity 1,29,600 2. For diet, conveyance and attendant charges 8,200 3. Loss of earning during laid up period and rest for two months 15,000 4. Pain and suffering 30,000 5. Loss of amenities 15,000 6. Discomfort and mental stress in life 6,000 7. Medical expenditure 76,454 Total 2,80,254 5. It is not in serious dispute that the claimant was working as a driver. The evidence adduced before the Tribunal indicates that the claimant has suffered not only two fractures, but has also suffered, as stated by PW.3Dr. Vinod Kumar in his evidence as follows: “On recent examination the patient complaints of discharging sinus left elbow, there is near total restriction of movement of left elbow with difficulty. Xray reveals chronic osteomyelits (infection) of left humerus. At present all the fracture are united and has fixed flexion eleformity.” By the evidence of the PW.3Dr. Vinod Kumar, it is clear that the claimant’s movement of the left elbow is severely restricted and therefore, the percentage of the disability assessed by the Tribunal is enhanced to 50%. The determination of monthly income of the claimant at Rs.6,000/- is confirmed since it is based on a proper appreciation of evidence by the Tribunal. 6. The Tribunal has awarded a sum of Rs.8,200/- towards ‘Diet, conveyance and attendant charges’ which requires marginal enhancement to Rs.10,000/-. 7. The Tribunal has awarded a sum of Rs.15,000/- towards ‘loss of earning during laid up period’, Rs.76,454/towards ‘medical expenditure’ and Rs.6,000/towards ‘Discomfort and mental stress in life’, These sums do not call for any interference as they are just and proper and the same are affirmed. 8. 7. The Tribunal has awarded a sum of Rs.15,000/- towards ‘loss of earning during laid up period’, Rs.76,454/towards ‘medical expenditure’ and Rs.6,000/towards ‘Discomfort and mental stress in life’, These sums do not call for any interference as they are just and proper and the same are affirmed. 8. The Tribunal has awarded a sum of Rs.30,000/-towards ‘pain and sufferings’. Since the claimant has suffered two fractures and there is a serious restriction of elbow movement, in my view, the same deserves to be enhanced to Rs.60,000/-. 9. The Tribunal has awarded a sum of Rs.15,000/-towards ‘loss of amenities’. As noticed above, since there is severe restriction of elbow, in my view, the said sum of Rs.15,000/-is required to be enhanced to Rs.50,000/-. 10. The claimant was aged 23 years and therefore, the multiplier of ‘18’ would have to be applied. Thus, ‘loss of future earning capacity’ of the claimant would come to Rs.6,48,000/-(6,000/-X 12 X 18 X 50/100). Thus, the claimant would be entitled for the following; Sl. No. Particulars Amount in (Rs.) 1. Loss of future earning capacity 6,48,000 2. For diet, conveyance and attendant charges 10,000 3. Loss of earning during laid up period and rest for two months 15,000 4. Pain and suffering 60,000 5. Loss of amenities 50,000 6. Discomfort and mental stress in life 6,000 7. Medical expenditure 76,454 Total 8,65,454 11. The enhanced amount shall carry interest at the rate of 6% per annum from the date of petition till its realization. The Insurance Company shall deposit the enhanced compensation within four weeks from the date of receipt of a copy of this order. The appeal is allowed in part.