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Judgment
N.K. Patil
The claimant has filed this appeal against the judgment and award dated 12.04.2007 passed in M.V.C. No. 4600/2005 on the file of the MACT, Court of Small Causes, Bangalore seeking enhancement of compensation for the injuries sustained by him in the motor vehicle accident,
The brief facts of the case are as follows:
When the appellant was a pedestrian at Konappanna Agrahara on Bangalore Hosur NH-7 Road on 12.06.2005 at about 4.00 p.m. a motor cycle bearing No.KA-07-J-1951 came at a high speed in a rash and negligent manner and dashed against, him. Due to the said impact., the appellant-claimant fell down and sustained grievous injuries. Thereafter, the was immediately shifted to the Hospital for treatment. The Medical Officer who examined the injured opined that the injured suffered 100% disability on account of the injuries sustained by him. Therefore, considering the nature of the injuries and other factors, the appellant filed claim petition before the MACT seeking compensation of Rs. 25,00,000/-. The Tribunal after considering the oral and documentary evidence awarded compensation of Rs. 11,65,000/-.
Not being satisfied with the quantum of award passed by the Tribunal, the appellant, has filed this appeal seeking enhancement of compensation, on the ground that, the Tribunal has not assessed the income of the injured properly though the appellant was drawing more than Rs. 5,000/- p.m. the Tribunal has taken the income of the appellant at. Rs. 5.000/- p.m. only and calculated the ''loss of future income" by applying the multiplier ''13'', which is incorrect, in view of the decision of the Hon''ble Supreme Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, .
On the other hand. Learned Counsel for the first respondent-Insurance Company submitted that as per the medical evidence produced by the appellant, the percentage of disability suffered by him is not in dispute and that the Tribunal has awarded reasonable compensation based on the injuries and the percentage of disability suffered by him and there are no grounds to interfere with the quantum of compensation awarded by the Tribunal.
We have been taken through the evidence of the Medical Officer and the impugned judgment.
The Medical Officer has clearly stated in his evidence that the appellant had suffered fracture of 2nd lumber vertebra with total paraplegia and fracture of right leg due to which, the appellant is not able to work and carry'' on his daily activities of living and that, he has suffered 100% disability.
Taking into consideration the percentage of disability, the Tribunal has assessed the loss of future income at Rs. 7.80.000/- by taking his monthly income at Rs. 5.000/- p.m. and applying the multiplier ''13''. Further, the Tribunal has awarded Rs. 1,25,000/- towards pain and suffering. Rs. 1,35,000/- towards treatment and incidental charges, Rs. 50,000/- towards loss of amenities and future unhappiness. Rs. 25,000/- towards future medical expenses and Rs. 50,000/- towards disability. Considering the nature of disability the appellant has suffered, we feel that the compensation awarded by the Tribunal under different, heads is just and reasonable and does not warrant interference by this Court.
Insofar as the loss of future earnings is concerned, the Tribunal has rightly assessed the income of the appellant at Rs. 5,000/ p.m. and awarded Rs. 7,80,000/- under the said head. The appellant has suffered 100% disability and has become permanently disabled. Considering the age of the appellant as 43 years, the relevant multiplier applicable as per Sarla Verma''s ease referred supra would be ''14'' and not ''13'' as taken by the Tribunal. Thus the loss of future earning capacity of the appellant comes to Rs. 8,40,000/-( Rs. 5,000/- x 12 x 14) as against Rs. 7.80.000/-. Therefore, the total compensation amount comes to Rs. 12,25,000/-.
Thus, there will be enhanced compensation of Rs. 60,000/- ( Rs. 2,25,000 - Rs. 11.65,000/-) payable by the respondents 1 and 2 with interest at 6% p.a. The respondents are directed to deposit the enhanced compensation of Rs. 60,000/- (Rupees Sixty Thousand only) within three weeks from the date of receipt of copy of this judgment and award. The appellant is entitled to withdraw the enhanced compensation soon alter the deposit, is made.
Office to draw the award accordingly.