AI Structured Summary
Not yet generated for this judgment
Judgment
S.N. Satyanarayana, J.—Claimant in MVC No. 1676/2005 is challenging the judgment and Award dated 27.10.2005 awarding compensation in a sum of Rs. 3,000/-.
Brief facts leading to this appeal are as under:
On 14.01.2005 at about 7.30 a.m., claimant along with another co-worker was travelling in a lorry bearing No. KA-13/A-5144 on N.H.48. It is his case that the said lorry met with an accident near Marikuppe Cross, resulting in injuries to his back and spine. It is his case that he was admitted to Sanjay Gandhi Hospital and he was inpatient for a period of fifteen days and thereafter he has taken treatment for a period of six months as outpatient.
In the Claim Petition filed by him, he examined himself as P.W.2 and adduced the evidence of a doctor by name Dr. Prakashappa as P.W.3. Since two Claim Petitions were clubbed together and common evidence was recorded, in all 14 documents were produced in the said proceeding in support of both claims arising out of same accident. Some of them being police documents, are common for both the cases and some documents are with reference to the treatment which was given to claimant herein. The Tribunal on appreciation of oral and documentary evidence available on record, awarded global compensation to claimant in a sum of Rs. 3,000/-, which is being challenged in this appeal seeking enhancement of the same.
In this appeal, after service of notice to the Respondent, the entire Trial Court''s record was secured. On going through the pleadings, oral and documentary evidence available therein, this Court finds that the compensation awarded to the claimant considering the nature of injuries, is meager and the same is required to be re-assessed on the basis of the oral and documentary evidence available on record.
Therefore, on going through the same, it is seen that though the claimant has not suffered fracture of backbone as stated by him, the injuries that was caused to his back has caused sufficient damages, which required hospitalisation of claimant for fifteen days and follow.-up treatment for atleast 45-60 days thereafter. It is also seen that the kind of injuries that is suffered has kept him away from his work atleast for ninety days from the date of the accident. The Tribunal has not looked into all these aspects. Merely because he has not suffered any fracture as sated by him, it is not proper for the Tribunal to award a meager sum of Rs. 3,000/- as compensation.
However, on re-appreciation of the evidence and the pleadings available on record, this Court is of the opinion that the compensation payable to the claimant has to be reassessed as under:
Considering the nature of injuries that is suffered by him, claimant is entitled to a sum of Rs. 10,000/- towards medical expenses, attendant''s charges, conveyance and nutritious food. He is also entitled to a sum of Rs. 15,000/-towards loss of amenities. Considering the fact that he was out of work for a period of 3-4 months, he is required to be awarded compensation for loss of income during laid-up period. Admittedly the claimant was working as coolie at the relevant time. Since the accident has taken place in the year 2005, his monthly income could be taken at Rs. 3,500/- and a sum of Rs. 14,000/- is awarded as compensation during laid-up period. Therefore, the claimant is entitled to a sum of Rs. 39,000/- payable with interest at 6% p.a., from the date of the petition till realisation, as compensation as against Rs. 3,000/- awarded by the Tribunal.
Accordingly the appeal filed by the claimant is allowed in part. Since the contesting first Respondent - Insurance Company has deposited the compensation of Rs. 3,000/-awarded by the Tribunal, the enhanced compensation of Rs. 36,000/- along with interest has to be deposited by the first Respondent - Insurance Company within eight weeks from the date of receipt of certified copy of this order.
On such deposit, a sum of Rs. 30,000/- with proportionate interest shall be kept in Fixed Deposit in any Nationalised Bank for a period of five years with liberty to the claimant to draw the interest periodically and the balance sum of Rs. 6,000/- along with interest shall be released in favour of the claimant.