AI Structured Summary
Not yet generated for this judgment
Judgment
Sl
No",Headings,"Amount
Rs.
1,Pain and suffering,"20,000
2,Loss of income during treatment period,"12,000
3,Medical expenses,"92,500
4,Loss of future earning,"61,200
5,Future amenities,"10,000
6,"Conveyance, nourishment, diet and attendant charges","12,000
,Total,"2,07,700
3) Chronic subdural hemotoma,,
4) Tenderness over the left hand.,,
The wound certificate Ex.P.5 indicates that injury No.1 is simple in nature and injuries 2 to 4 are grievous in nature. On 17.02.2013, surgery was",,
conducted on the injured, in which, his small intestine to an extent of 15 to 20 feet has been removed and he was discharged on 06.03.2013 with",,
an instruction to take further follow up treatment. The entire medical records has been marked as Ex.C- 1 & C-2. The Doctor had assessed the,,
permanent disability to whole body at 18% as against which, the Tribunal has taken 5% to determine the compensation towards ''loss of future",,
income''. Though the learned counsel for the respondent-insurer strongly disputes the medical evidence, in the absence of any appeal filed by the",,
insurer, the medical evidence available on record cannot be completely brushed aside. Initially, the injured was treated at Crawford Hospital at",,
Sakaleshpura, thereafter he was shifted to SSM Hospital at Hassan and thereafter he was shifted to Kempegowda Institute of Medical Sciences",,
Hospital, Bengaluru, wherein he took treatment as inpatient for a period of 17 days, during which, he undergone surgery of intestine. The surgery",,
conducted on the injured would definitely come in the way of his usual avocation and future earnings. Having regard to the nature of injuries, period",,
of treatment, consequential disability sustained by him, and looking to the totality of circumstances, this Court is of the considered view that the",,
disability of 5% assessed by the Tribunal and compensation awarded towards ''loss of future income'' is on the lower side. Interest of justice would,,
be met, if the income of the injured is taken at Rs.7000/- per months and the permanent physical disability at 10% to determine the compensation",,
payable towards ''loss of future income''. Since the injured was 27 years at the time of accident, the appropriate multiplier that would made",,
applicable is 17. Thus, the compensation payable towards ''loss of future income'' would comes to Rs.1,42,800/-",,
(Rs.7000x12x17x10/100=1,42,800), as against Rs.61,200/- awarded by the Tribunal. On careful evaluation of the material on record, the",,
compensation awarded by the tribunal under other heads is just and reasonable and does not call for interference. Thus, in all, the claimant is",,
entitled to total compensation of Rs.2,89,300/- (Rupees two lakhs eighty nine thousand three hundred only), as against Rs.2,07,700/-.",,
Accordingly, the appeal is allowed in part. In modification of the impugned judgment and award dated 16.11.2015, passed by the Principal",,
District Judge and Motor Accident Claims Tribunal, Hassan, in MVC. No.1118/2013, the compensation payable to the claimant is enhanced from",,
Rs.2,07,700/- to 2,89,300/-. The enhanced compensation would comes to Rs.81,600/- (Rupees eighty one thousand six hundred only). The",,
Respondent-Corporation shall deposit the enhanced compensation with accrued interest before the Tribunal within four weeks from the date of,,
receipt of a certified copy of this judgment and on such deposit, the same shall be disbursed to the claimant, on proper identification. However, the",,
impugned judgment and award, in so far as it relates to the rate of interest and deposit is concerned, shall remain unaltered. There shall be no order",,
as to the costs. Office to draw the decree accordingly.,,