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Judgment
Ravi Malimath
Being aggrieved by the Judgment and award dated 23-03-2009 passed in MVC. No. 3401/2008 by the MACT at Bangalore, the claimant has filed this appeal seeking enhancement. The case of the claimant is that on 6-4-2006 at about 10.30 p.m. when he was walking between Chikkahosahalli and Singragondanahalli carefully observing the traffic movements, the driver of a car bearing No. KA 06 9091 came in a rash and negligent and dashed against him and he suffered multiple injuries and took treatment in the hospital. Thereafter he filed a claim Petition. By the impugned Judgment and award a sum of Rs. 2,05,833/- was awarded along with interest at the rate of 8% per annum from the date of Petition till the date of payment. Dissatisfied with the quantum the present appeal is filed seeking enhancement.
Heard counsels and examined the records.
The Tribunal has awarded compensation in the following terms:-
Pain, injuries and sufferings
Rs. 40,000/-
Medical and incidental expenses
Rs. 5,513/-
10,000/-
Loss of earnings during Laid of period
Rs. 18,000/-
Loss of future earning Capacity
Rs. 1,12 320/-
Loss of amenities in future life
Rs. 20,000/-
Total
Rs. 2,05,833/-
The claimant has stated that he is a bar bender by profession and was earning a sum of Rs. 7,000/- per month. However, there is no documentation to prove the same. Hence, his notional income was taken at Rs. 3,000/- per month. The Hon''ble Supreme Court of India in the case of Sri Ramachandrappa Vs. The Manager, Royal Sundaram Alliance Insurance Company Limited, has taken the notional income of Rs. 4,500/- towards a daily wage worker, in an accident that occurred in the year 2004. In the instant case, the accident occurred in the year 2006. Under these circumstances, notwithstanding the fact that the claimant was not just a daily wager but was a skilled workman and a bar bender by profession, the income per month has to be taken as Rs. 4,500/- per month especially in view of the fact that the accident took place in the year 2006. Hence, the loss of future earning capacity is calculated as follows:-
(Rs. 4,500 x 12 x 24 x 13% = Rs. 1,68,430/- )
Hence, the compensation stands enhanced on this head by a further sum of Rs. 56,160/- . The Doctor''s evidence would show that he has suffered degloving injury left side with compound fracture of left patella. Hence, he would have taken atleast a period of 6 months even to get back to his normal duties. Therefore, a sum of Rs. 27,000/- (Rs. 4,500 x 6) is awarded under the head of loss of earnings during laid of period. Consequently the said sum is enhanced by a further sum of Rs. 9,000/- . A sum of Rs. 40,000/- is awarded towards pain, injury and suffering. The said sum is enhanced to Rs. 50,000/- . He has produced medical bills to an extent of Rs. 5,513/- which is awarded and a sum of Rs. 10,000/- is awarded towards incidental charges. The same stands enhanced to a sum of Rs. 25,000/- for both. A sum of Rs. 20,000/- is awarded towards loss of amenities and the same stands undisturbed. The compensation now enhanced is in the following manner:
Pain, injuries and sufferings
Rs. 50,000/-
Medical and incidental Expenses
Rs. 25,000/-
Loss of earnings during Laid of period
Rs. 27,000/-
Loss of future earning Capacity
Rs. 1,68,400/-
Loss of amenities in future life
Rs. 20,000/-
Total
Rs. 2,90,400/-
Under these circumstances, the compensation awarded by the Tribunal is further enhanced by a sum of Rs. 84,567/- (Rs. 2,90,400/- Rs. 2,05,833/- ). The enhanced compensation shall bear interest at the rate of 6% per annum from the date of the Petition till the date of payment. The enhanced compensation shall be paid within a period of 8 weeks from the date of receipt of copy of this order.