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Judgment
This appeal is preferred by the claimant being not satisfied with the compensation awarded to him by the MACT, Kolar in MVC 192/05.
In a road traffic accident occurred on 16.11.2004 he suffered LI Vertebral compression with posterior retropulsion with traumatic parapelgia and other injuries. He was admitted to various hospitals for treatment NIMHANs at Bangalore, Victoria Hospital at Bangalore, Ramadevi Emergency Hospital, Thirupathi and other hospitals. He has become 100% disabled man on account of quadripligia. He is completely bed ridden, He is unable to lift the lower limb and upper limbs on account of injury caused to spinal chart 1. He has examined PW4 Dr. Devaraj to show his disability. He was aged about 50 years on the date of the accident, The Tribunal awarded a sum of Rs. 85.000/- as compensation. Out of which Rs. 40,000/- towards pain and suffering. Rs. 30,000/- towards medical expenditure, Rs. 5,000/- towards incidental charges, and loss of income during the laid up period in a sum of Rs. 10,000/- , Being not satisfied with the same, the present appeal is filed for enhancement.
The claimant was brought before the court with the help of four persons. He is unable to sit or stand, He is completely bed ridden from the date of accident and considering the medical evidence produced before the court and the evidence of Dr. Devaraj we are of the opinion that the claimant is suffering from 100% disability. The Tribunal without considering the Doctor''s evidence and medical records has not awarded compensation which he is entitled to. Therefore, we are of the view that the compensation awarded by the Tribunal is on lower side and requires to be enhanced,
The claimant was aged about 50 years. No positive evidence is let in to show the income of the claimant. In the absence of proper evidence we would like to assess the income of the claimant at Rs. 3,000/- p.m. and Rs. 36.000/- p.a. Considering his age we have to apply the multiplier of 13. Therefore, he is entitled for a sum of Rs. 4,68,000/- under the head, future loss of income.
The Tribunal has not awarded any compensation under the head, loss of amenities in life. Considering his age as he has to confine himself to the bed for the rest of his life, we would like to award a sum of Rs, 50/300/- under the head, loss of amenities in life.
Similarly, we are inclined to award a sum of Rs. 50,000/- towards attendant charges and future medical expenses as he has to depend on others even to attend to the natures call.
In the circumstances, the appellant is entitled for an enhanced compensation of Rs. 5,68,000/- with interest at 6% p.a. from the date of petition till the date of payment.
In the result, the appeal is allowed-in-part. The appellant is entitled for an enhanced compensation of Rs. 5,68,000/- with interest at 6% p.a. from the date of petition till the date of payment.
Out of the enhanced compensation, a sum of Rs. 4,50,000/- with interest accrued thereon is ordered to be deposited in the name of the appellant and as the appellant is unable to operate his account, his wife is entitled to operate the same. She is entitled to withdraw the periodical Interest and the amount shall be in deposited for a period of 10 years in any Nationalised of Schedule Bank. The remaining amount is ordered to be released to the appellant through his wife.
Sri. A. Ravi Shanker is permitted to file the Vakalath within four weeks from today.