sustained fracture of right tibia. On examination, he found that there was pain, limping, wasting of (right) thigh and diffuse swelling of (right) leg and foot. As per the recent X-ray, there was united fracture. He assessed the disability of the right lower limb at 38% and that of the whole body at 19%. He further stated that as the petitioner was working as a Mason, it is difficult for him to do any other manual or physical work. This Court finds it reasonable to take 1/3rd of 38% i.e., 13% disability, for the purpose of calculating the loss of future earning capacity. Accordingly, the loss of future earning capacity comes to Rs.2,52,720/- (9,000x12x18x13%). The petitioner/injured was hospitalized as an inpatient for a period of four days. Considering the nature of injuries, period of hospitalization, his occupation and other relevant factors, this Court finds it reasonable to grant an amount of Rs.50,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work at least for a period of three months. Therefore, Rs.27,000/- (9,000x3) is to be granted under the head loss of income during the laid-up period. The
