JUDGMENT N.S.Sanjay Gowda, J. - The claimant, being dissatisfied with the compensation of Rs.2,93,439/-, is in appeal. 2. The fact that the accident occurred on 16.05.2009 and the further fact that the offending vehicle was insured is not in dispute. 3. The only contention advanced by the learned counsel for the appellant is the sums awarded towards pain, shock and agony , food, diet, nourishment, attendant, conveyance and other incidental expenses and the income determined for assessing the permanent disability is on the lower side and were required to be enhanced. He also contends that the claimant has lost his thumb of the left leg and therefore, the sum awarded towards loss of amenities would also have to be enhanced. 4. Learned counsel for the Insurance Company, Sri. A. Ravishankar contends that the sums awarded by the Tribunal are just and proper and do not call for any enhancement. 5. The medical evidence adduced indicates that the claimant had suffered the disability to the extent of 13% to the whole body. The said evidence being an expert s opinion, will have to be accepted. The determination of monthly income at Rs.4,500/- is on the lower side. Having regard to the chart prepared by the Karnataka State Legal Services Authority, the monthly income is required to be taken as Rs. 5,000/-. In view of determination of the monthly income of the claimant at Rs.5,000/-, as a result of the permanent disability for the injury as stated above, the claimant would be entitled to Rs.1,32,600/- (Rs.5,000/- X 12 X 17 X 13/100) towards loss of future income . 6. The claimant has suffered a grievous injury and also lost thumb in his left leg. In my view, justice would be served if Rs.50,000/- awarded towards pain and suffering is enhanced to Rs.60,000/- and Rs.25,000/- awarded towards loss of amenities is enhanced to Rs.40,000/-. 7. The Tribunal has awarded a sum of Rs.13,500/- towards loss of income during treatment period . Since I have determined the income at Rs.5,000/-, the same requires to be enhanced to Rs.15,000/-. 8. The Tribunal has awarded a sum of Rs.15,000/- towards food, diet, nourishment, attendant, conveyance and other incidental expenses . There is evidence on record that the claimant was laid up for nearly three months. In my view, therefore, it would be just and proper if the said sum is enhanced from Rs.15,000/- to Rs.25,000/-. 9.
8. The Tribunal has awarded a sum of Rs.15,000/- towards food, diet, nourishment, attendant, conveyance and other incidental expenses . There is evidence on record that the claimant was laid up for nearly three months. In my view, therefore, it would be just and proper if the said sum is enhanced from Rs.15,000/- to Rs.25,000/-. 9. The award amount of Rs.60,599/- towards medical expenses and Rs.10,000/- towards future medical expenses are just and proper and therefore, the same are affirmed. 10. As a consequence, the claimant would be entitled for the following:- Sl.No. Particulars Amount in (Rs.) 1 Pain, shock and agony 60,000-00 2 Medical expenses 60,599-00 3 Food, diet, nourishment, attendant, conveyance and other incidental expenses 25,000-00 4 Loss of income during treatment period 15,000-00 5 Future medical expenses 10,000-00 6 Permanent disability 1,32,600-00 7 Disappointment and discomfort and loss of amenities 35,000-00 Total 3,38,199-00 The enhanced amount shall carry interest at the rate of 6% per annum from the date of petition till its realization. The Insurance Company is directed to deposit the enhanced compensation within a period of two months from the date of receipt of a copy of this order. Thus, the appeal is allowed in part.