JUDGMENT N.S.Sanjay Gowda, J. - The claimant, being dissatisfied with the award of compensation of Rs.1,37,000/-, is in appeal. 2. During the pendency of this appeal, learned counsel for the appellant was reported to be dead and consequently, court notice was ordered to the appellant. Despite service of Court notice on the appellant, no steps have been taken by him to either engage another counsel or for appearance in person. In view of the fact that the appeal is of the year 2011, the same is taken up for final disposal. 3. The fact that the accident occurred on 14.11.2007 and the fact that the claimant has suffered injuries resulting in amputation of his three toes and a fracture is not in dispute. The further fact that the vehicle in question was insured is also not in dispute. 4. The only ground raised in the appeal is that the compensation awarded by the Tribunal is inadequate having regard to the nature of the injuries suffered and the permanent disability caused to the claimant. 5. The Tribunal has taken note of the fact that the claimant has suffered amputation of the right great toe, 2nd and 3rd toe and the muscle strength was reduced by 20%. It also noticed that the claimant has suffered permanent physical disability to the extent of 32.5% in relation to the right lower limb and 10.83% to the whole body. The Tribunal has ultimately determined the functional disability at 10% and by assessing his monthly income at Rs.3,000/-, it has awarded the following sums as compensation: 1 Loss of earning during laid off period 10,000/- 2 Pain and suffering 40,000/- 3 Loss of amenities 20,000/- 4 Loss of expectation of life 20,000/- 5 Medical expenses 32,000/- 6 Travelling and other sundry expenses 15,000/- TOTAL 1,37,000/- 6. The claimant contended that he was working as a person in charge of delivery in Dodsal Corporation Private Limited and was earning a sum of Rs.5,500/- per month. However, no positive evidence was adduced to establish the said fact. In such a situation, in my view, the safest option would be to adopt the income determined by the Karnataka State Legal Services Authority, which would be a sum of Rs.4,000/- for the accident of the year 2007. 7. The Tribunal has assessed the functional disability at 10%. However, no positive evidence was adduced to establish the said fact. In such a situation, in my view, the safest option would be to adopt the income determined by the Karnataka State Legal Services Authority, which would be a sum of Rs.4,000/- for the accident of the year 2007. 7. The Tribunal has assessed the functional disability at 10%. In my view, having regard to the fact that the claimant has suffered amputation of three toes of right foot, it would be just and necessary to enhance the functional disability to 20% since the claimant was stated to be in charge of delivery in Dodsal Corporation Private Limited and the loss of his toes would severely impede his movement. As a consequence, the claimant would be entitled to a sum of Rs.1,72,800/- (Rs.4,000/- X 12 X 18 X 20/100) towards loss of earning capacity. 8. Since I have held that the monthly income should be taken at Rs.4,000/- and since the claimant has lost three toes, it will have to be held that he could not work at least for a period of six months and consequently, the loss of earning during this period would be taken as Rs.24,000/-. 9. As regards pain and sufferings, the Tribunal has awarded a sum of Rs.40,000/-. Having regard to the fact that the claimant has lost three toes, it would be proper if the same is enhanced from Rs.40,000/- to Rs.60,000/-. 10. The Tribunal has awarded Rs.20,000/- towards loss of amenities and Rs.20,000/- towards loss of expectation of life. In my view, interest of justice would be served if the said sums are enhanced by Rs.30,000/- on each count. 11. The Tribunal has awarded Rs.32,000/- towards medical expenses which does not call for any interference. Similarly, the sum awarded towards traveling and other expenses is proper and is therefore affirmed. 12. As a result, the claimant would be entitled to the following sums: 1 Loss of future earning capacity 1,72,800/- 2 Loss of earning during laid up period 24,000/ 3 Pain and suffering 60,000/- 4 Loss of amenities 30,000/- 5 Loss of expectation of life 30,000/- 6 Medical expenses 32,000/- 7 Travelling and other sundry expenses 15,000/- TOTAL 3,63,800/- 13. The enhanced compensation shall carry interest at the rate of 6% per annum. 14. The enhanced compensation shall carry interest at the rate of 6% per annum. 14. The Insurance Company is directed to deposit the amount within two months from the date of receipt of a certified copy of this judgment. 15. The Registry to send a copy of this order to the appellant. Appeal is accordingly allowed in part.