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Judgment
Hon''ble Dr. Justice K. Bhakthavatsala
Learned Counsel for the appellant/claimant submits that though the claimant sustained grievous injuries in the motor accident that occurred on 11.4.2007, the Tribunal has not awarded adequate compensation towards medical expenses, nourishment, attendant charges, pain and suffering, loss of amenities, loss of income during the period of treatment, future income and future medical expenses.
Learned Counsel appearing for respondent No.2/Insurance Company submits that the Tribunal has awarded adequate compensation and there is no good ground made out for enhancement of compensation.
Perused the LCR.
It is the case of the claimant that he was 28 years old, earning Rs. 10,000/- per month by doing business and he sustained grievous injuries in the motor accident. He filed a claim petition u/s 166 of the Motor Vehicles Act, 1988, against owner cum driver and insurer of the Toyota Innova, claiming compensation of Rs. 10,00,000/-. In support of the case of the claimant, he has got himself examined as P.W1 besides examining Dr. Umesh Kamath as P.W2 and get marked Exs.P1 to P62. No rebuttal evidence was adduced. The Tribunal has awarded compensation of Rs. 1,54,001/- with interest at the rate of 7% per annum from the date of Petition till realisation, holding that respondent Nos.1 and 2 are jointly and severally liable to pay compensation.
The Insurance Company has deposited the award amount with the Tribunal.
P.W2//Medical Officer has deposed that the claimant has sustained lacerated wound over the right lower end of ulna exposing bone; swelling over the right foot; comminuted fracture of radius with dislocation of ulna; fracture of 2nd, 3rd and 4th toe and fracture of 5th metatarsal. He has further stated that he was admitted to Government Hospital, Channagiri. After first aid treatment, the claimant was admitted to Nanjappa Hospital, Shimoga, and treated from 11.4.2007 to 14.4.2007. P.W2 has deposed that the claimant has taken follow up treatment and he examined the claimant on 18.9.2008 and issued disability certificate as per Ex.P8. P.W2 has deposed that the claimant cannot hold anything from his right hand as there is a total restriction of movements of right wrist and pronation and supination restricted. It is also stated that fractures arc- in situ at the fractured sight of right wrist and he needs surgery. He has assessed permanent disablement at 45%. It is a case of compound fracture of both bones of right wrist. Ex.P8 is discharge summary issued by Nanjappa Hospital. The claimant has produced medical bills and prescriptions at Ex.Ps.P9 to 56. Two photographs have been marked as Ex.P57. The claimant has produced 39 medical bills in all amounting to Rs. 23,943/-. The Tribunal, in para-11 of the impugned judgment, has observed that as per Exs.P13 and 16 amount of Rs. 1,000/- deposited by the claimant with the Blood Bank was refundable. The Tribunal has deducted a sum of Rs. 842/- on the ground that it was not marked and awarded compensation of Rs. 22,101/- towards medical expenses. In para-12 of the impugned judgment, the Tribunal has discussed about the age permanent disablement and income. The Tribunal has fixed income of the claimant at Rs. 3,000/- per month. The Tribunal has awarded a sum of Rs. 12,000/- towards loss of income for a period of 4 months. In para-14, the Tribunal has discussed about loss of future earning on account of permanent disablement to the whole body. In view of the permanent disablement at 45% to the particular limb, the Tribunal has fixed permanent disablement at 15% and applied multiplier ''16''. Since the claimant was 28 years old. But, multiplier ''17'' is applicable for the age group of persons from 26 to 30 years. The claimant has not proved his income. Keeping in view the accident occurred in the year 2007 and he is a resident of Honnebagi Village of Channagiri Taluk, his income can be fixed at Rs. 4,200/- per month. Taking into consideration the nature of injuries, period of treatment and permanent disablement, the claimant is entitled for compensation as under:
(in Rs. )
(i) Pain and suffering
40,000-00
(ii) Medical expenses
25,000-00
(iii) Attendant, conveyance, special diet and incidental expense
15,000-00
(iv) Loss of earning during the period of treatment
( Rs. 4,200/-x4)
16,800-00
(v) Loss of future earning ( Rs. 4,200/-x15%x12x17)
1,28,520-00
(vi) Future of medical expenses
10,000-00
(vii) Loss of amenities
20,000-00
2,55,320-00
Less: Compensation awarded by the Tribunal
1,54,101-00
Balance
1,01,219-00
Though the Tribunal has awarded interest at the rate of 7% per annum, the claimant is entitled for interest at the rate of 6% per annum on the additional compensation.
In the result, the Appeal is partly allowed, holding that the appellant/claimant is entitled for additional compensation of Rs. 1,01,219/- along with costs and interest at the rate of 6% per annum from the date of Petition till realisation. Accordingly, the impugned judgment and award are modified.
Respondent No.2/Insurance Company is directed to deposit the additional compensation amount along with costs and interest with the Tribunal within 3 months from today.