Judgment:
Ashok Parihar, J.
1. The appellant has prayed for enhancement of compensation awarded by the Tribunal vide order dt. 11.06.2001 by which in a case of injuries the appellant has been awarded a sum of Rs. 1,51,000/- as compensation.
2. After hearing counsel for the parties, I have carefully gone through the material on record.
3. There is no dispute that the age of the appellant has been taken as 25 years. He was working as a labour. Due to accident he suffered not only head injury but fracture on right hand as well. As per medical report taking the disability as 50% the amount of compensation has been quantified by the Tribunal. However, the Tribunal it seems has not correctly read the medical certificate. The Tribunal has taken into consideration the 50% disability because of fracture on right hand whereas the Medical Board was of the opinion that the appellant had suffered Hameparisis on right side as a result of head injury thereby causing 50% permanent disability. As per medical opinion Hameparisis is sort of semi paralysis of the body which in the present case is on right side. The affected person in such circumstances cannot work or function normally. His life and behaviour is also changed. In serious cases he may loose his regular income also. The nature of disabilities in case of head injuries has to be taken differently while quantifying the compensation. As per statement made by the appellant before the Tribunal, he has not been able to work at all because of the head injury resulting in total loss of income. Considering entire facts and circumstances, looking to the age of the appellant and nature of employment, it will be just and proper to award a lump-sum compensation of Rs. 2,50,000/- to the appellant.
4. Accordingly, the appeal is partly allowed. The award dt. 11.06.2001 is modified to the extent that the appellant shall be entitled for a compensation of Rs. 2,50,000/- from the respondents jointly and severally. The remaining amount be paid to the appellant within thirty days from the date of receipt of certified copy of this order. It may further be clarified that the amount of interest already paid to the appellant, shall not be deducted from the remaining amount now to be paid as per enhancement. Record be sent back.