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Judgment
K. Govindarajulu, J.—Both these appeals are by the claimants in MVC Nos. 8230 and 8231/06 on the file of XIII Additional Small Cause Judge and Member MACT, Bangalore.
Parties will be referred to according to their status find in the Court below for convenience.
The applications are filed u/s 166 of MV Act. It is claimed by the Petitioners that on 25.09.06 at 5 p.m. the Petitioners were moving in a TVS bearing Registration. No. KA-06-X-6201 through NH-206 from college to their residence. While Devraj the rider reached Siddartha Medical College, the driver of a TATA SUMO bearing Registration No. KA-12-M-5408 has dashed against the TVS vehicle. So Petitioners sustained injuries. So pray for compensation.
P.Ws. 1 to 3 are examined, Exhibits P-1 to P-24 are marked. The learned trial judge has awarded a sum of Rs. 1,16,400/- to the claimant in MVC No. 8230/06, Rs. 2,68,500 to the claimant in MVC No. 8231/06. The claimants have preferred these appeals seeking enhancement.
Learned advocate for the claimants contend that looking to the nature of injuries, the accident, is of the year 2006. Permanent physical disability being proved, compensation awarded is on a lower side. So pray for enhancement.
On the other hand, the learned advocate for the Insurance Company supports the finding recorded by the learned member of the tribunal.
Material submissions, facts placed probabilise that the accident is not disputed, actionable negligence is not disputed. Insurance Company has not preferred any appeal. So the point is whether is tribunal has awarded just compensation?.
In MFA 8555/08, Devaraj is the claimant, he contends that he had a compound fracture of right tibia, and fracture of lower 1/3rd of right femur in road traffic accident. He was shifted to Siddartha Medical College hospital for treatment, then to Aditya Orthopedic Centre Tumkur. He was inpatient from 25.9.06 to 5.10.06 he has spend Rs. 1.00 lakh for the treatment. Place reliance on medical bills to a tune of Rs. 74,661/-. P.W. 3 Dr. Shivaprakash certifies that there is disability of 24% to the whole body. Occupation of the Petitioner is distribution of news paper. The accident of the year 2006. So the earnings of the injured for the assessment of disability could be taken at Rs. 3,000/- per month.
Under the head of pain and suffering a sum of Rs. 30,000/- is awarded. For laid up period, immobilisation is assessed for a period of 4 months, for which a sum of Rs. 12,000/- is awarded. Under the head of loss of earning capacity on account of disability at 24% works out to Rs. 1,55,520/- rounded of to Rs. 1,56,000/- (24% of Rs. 3000 = 720 x 12 = Rs. 8,640/- the injured being aged 22 years multiplier that is applicable is 18 so the compensation works out Rs. 1,55,520/- it is rounded to 1,56,000/-. A sum of Rs. 75,000/- is awarded under the head of medicines. A sum of Rs. 20,000/- is awarded towards attendant, diet, transportation. So the claimant is entitled for Rs. 2,93,000/-.
In MFA 8556/06, the claimant is examined as P.W. 1. He contends that he has sustained compound fracture of both the bones of the right leg, cerebral conclusion. He was shifted to Siddartha Medical College hospital, then to Aditya orthopedic Centre and he was impatient was 10 days. He was a student of I year BE lost one year classes, spent Rs. 38,760/- for medicines. Dr. Shivaprakash is examined to support the disability. Doctor certified disability to an extent of 14%. Though the Petitioner is not an earning member, he cannot be said that he has no earning capacity. So, the earnings can be quantified at the rate of Rs. 3,500/- per month.
Under the head of pain and suffering a sum of Rs. 30,000/- is awarded. In view of the fracture and immobility for 4 months, a sum of Rs. 14,000/- is awarded under the head laid up period. Out of Rs. 3,500/-, 14% will work out to Rs. 490 x 12 = Rs. 5,880/-. The Petitioner is aged 19 years. The multiplier that is applicable is 18. So, the loss of earning capacity on account of disability works out to Rs. 1,05,840/- so it is rounded to Rs. 1,06,000/-. Under the head of medicines, a sum of Rs. 40,000/- is awarded. Rs. 20,000/- is awarded under the head of attendant transportation and diet. Totally the claimant is entitled to a sum of Rs. 1,70,000/-.
In regard to the claimant in MFA No. 8556/06 a sum of Rs. 1,16,400/- is awarded by the tribunal. The compensation awarded by this Court, is Rs. 1,70,000/-. So the difference would be Rs. 53, 600/-. This enhanced compensation of Rs. 53,600/- shall carry interest at 6% pa. from the date of application till deposit.
In MFA 8555/08 is concerned, the Tribunal has awarded Rs. 2,68,500/-. This Court has awarded Rs. 2,93,000/-, so the compensation is enhanced to Rs. 24,500/-. This enhanced compensation of Rs. 24,500/- shall carry interest at 6% p.a. from the date of petition till deposit.