AI Structured Summary
Not yet generated for this judgment
Judgment
The claimant, being dissatisfied with the compensation of Rs.7,94,476/- awarded by the Tribunal in MVC.No.128/2019 vide judgment and award dated 27.01.2020, is in appeal.
The fact that the accident occurred and the further fact that owner - respondent No.1 is liable to pay the compensation are not in dispute.
The Tribunal, on assessment of evidence, has awarded the following sums as compensation:
| Sl. Amount | |
| Particulars No. | in (Rs.) |
| 1. Pain and Agony | 60,000 |
| 2. Loss of future income 3,76,488 | |
Medical expenses 2,70,578 Loss of income during the laid-up
22,410 period Conveyance, special diet and
5,000 attendant charges
Loss of amenities in life 60,000 Total 7,94,476
The Tribunal, on analysis of medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 28% to the whole body, which, in my opinion, does not require any interference.
The Tribunal has determined the monthly income, notionally at Rs.7,470/-. Since there is no credible documentary evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2018, would be Rs.12,500/-.
As the claimant was aged about 36 years, a multiplier of '15' would have to be applied and 40% requires to be added to the income towards future prospects, since the claimant has suffered 28% disability. Consequently, the claimant would be entitled to a sum of Rs.8,82,000/- (Rs.12,500 + 40% x 12 x 15 x 28%) towards 'loss of future income' as against Rs.3,76,488/- awarded by the Tribunal.
Consequently, the amount of Rs.22,410/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.37,500/- (Rs.12,500 X 3 months) treating the laid up period as three months.
Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Conveyance, special diet and attendant charges' at Rs.32,000/- as against the sum of Rs.5,000/- awarded by the Tribunal.
The sum of Rs.60,000/- awarded towards pain and suffering and Rs.60,000/- awarded towards loss of amenities in life by the Tribunal, being just and proper, are affirmed.
The sum of Rs.2,70,578/- awarded by the Tribunal towards medical expenses, being based on documentary evidence, is affirmed.
Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation:
As awarded As awarded
Sl. Compensation under by the by this N different Heads Tribunal Court o. (Rs.) (Rs.)
Pain and agony 60,000 60,000
Loss of future income 3,76,488 8,82,000
Medical expenses 2,70,578 2,70,578
Loss of income during the 22,410 37,500 4. laid up period
Conveyance, special diet 5,000 32,000 5. and attendant charges
Loss of amenities and 60,000 60,000 6. nourishment
Total 7,94,476 13,42,078
Thus, the claimant is held entitled to the total compensation of Rs.13,42,078/- as against Rs.7,94,476/-, along with interest at the rate of 6% per annum from the date of petition till its realization.
The owner - respondent No.2 is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment.
The apportionment of compensation shall in terms of the award of the Tribunal.
The appeal is accordingly allowed in part.