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Judgment
A.N. Venugopala Gowda
Appellant sustained grievous injury-Grade-I compound fracture both bone right leg, in a road traffic accident, on 09.05.2008 and filed a claim petition in Motor Accident Claims Tribunal against the Respondent, seeking compensation of Rs. 10,00,000/-with interest. The Motor Accident Claims Tribunal, on appreciation of the evidence on record, allowed the claim petition in part and awarded compensation of Rs. 73,000/-, with interest at 6% per annum, from the date of petition till date of deposit. Dissatisfied, claimant has filed this appeal seeking enhancement of compensation amount. Respondents have not questioned the impugned judgment and award directing them to pay the compensation as above.
Sri. Rajanna, learned advocate for appellant contended that, Tribunal has foiled to appreciate the evidence correctly. Learned counsel submitted that, claimant, apart from being a student was working as Assistant Civil Contractor and was earning there from and on account of injury sustained in the accident, he has suffered loss during treatment and rest period and also there is loss of future income. Learned counsel contends that, despite fracture being united, there is difficulty which the appellant is facing while working and there is loss of amenities of life, in regard to which, no compensation is awarded and further submitted that, award passed by Motor Accident Claims Tribunal is not just and reasonable.
Smt. Nirmala, learned advocate, appearing for Respondent No. 2, on the other hand would argue that, avocation as a contractor is not been established by producing credible evidence. She pointed out that, there claim for compensation with regard to the claimant/appellant being student, the theory of employment is only a false theory put forth for making claim for payment of compensation on false grounds. Learned counsel further submits that, Tribunal has correctly appreciated the record and assessed the loss and there is no provision for enhancement of the compensation.
Keeping in view the rival contentions and records of the case, only point for consideration is, ''whether the MACT has passed a just and reasonable award?''
Ex.P.7 shows that, in a road traffic accident, claimant/appellant sustained grievous injury: Grade-I compound fracture on both bone right leg. He has taken treatment is evident from Ex.P.8 to Ex.P. 10 and incurred expenditure of Rs. 33,0007-. He was inpatient from 09.05.2008 to 21.05.2008. He was aged about 23 years and was a student in 3rd year Diploma Course. Though, it is sought to be made out that, he was also doing contract work and earning, Tribunal has rightly disbelieved the case with regard to the claimant being a contractor, since record shows that he was a full time student.
PW.2-Dr. T.S. Rsghavendra, has deposed that, fracture is mal united. However, he has stated that, there is 30% disability in relation to the limb and in relation to the whole body, it is at 10%, However, PW.2 has admitted that, PW. 1 had no difficulty for attending day- to-day work and other activities. Though, there is no functional disability suffered which resulted in loss of future earning capacity. There being physical disability suffered to limb at 30%, there is loss of amenities of life, for which, Tribunal has not passed any award. Keeping in view record of the case, Tribunal has not awarded just and reasonable compensation in favour of the claimant. The respondents are liable to pay the compensation is as follows.
HEADS
Amount in Rs.
1.
Pain & Suffering
Rs. 35,000/-
2.
Medical expenses as per bills
Rs. 33,000/-
3.
Incidental expenses -conveyance, nourished diet, attendant charges
Rs. 15,000/-
4.
Loss of amenities
Rs. 30,000/-
Total
Rs. 1,13,000/-
In the result, appeal is allowed in part and impugned judgment and award is modified. Compensation payable by the respondents is determined at Rs. 1,13,000/- with interest at 6% p.a. from the date of filing of claim petition till date of deposit.
Two months time is allowed for the respondents to deposit the balance amount in the MACT. No order as to costs.