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Judgment
Appellant sustained grievous injury - fracture of tibia, in a road traffic accident, on 30.09.2009. He was aged 60 years and was an agriculturist. In a claim petition filed against the owner and insurer of the offending vehicle under S.166 of Motor Vehicles Act, 1988, MACT has awarded compensation of Rs. 59,920/- with interest at 6% p.a. from the date of petition till the date of deposit. Respondents have not questioned the award passed by MACT, directing them to deposit the assessed compensation amount. This appeal by the claimant is for enhancement of compensation. From the evidence of PWs 1 and 2, it is clear that the claimant suffered fracture of left tibia. Exs. P9 & P8, discharge summary would show the said injury having been sustained and the treatment. PW-2 has opined that there is 30% disability suffered in relation to particular limb. Tribunal has correctly taken the disability in relation to whole body at 8%. However, it has committed error in taking the income at Rs. 3,000/- p.m. Accident having taken place on 30.09.2009, appellant being an agriculturist, his income can be taken at Rs. 48,000/- p.a. In the circumstances, the award of Rs. 29,920/- which is towards loss of future earnings, styled as loss of amenities, is inadequate. The Tribunal has also not awarded any sum under the head loss of amenities'' though there is physical permanent disability resulting in functional disability. The sum awarded under the head ''miscellaneous expenses'' is also inadequate. Hence, there has to be re-assessment of the compensation. Keeping in view the nature of injury sustained, treatment obtained and the resultant effect, the compensation payable by the respondents is determined as follows:
Heads
Amount (in Rupees)
Pain and suffering
30,000/-
Medical & incidental expenses
10,000/-
Loss of income during leave period: Rs. 4000 x 3
12,000/-
Loss of future earnings: Rs. 320 x 12 x 9
34,560/-
Loss of amenities of life
20,000/-
Total
1,06,560/-
In the result, the appeal is allowed in part. The impugned Judgment /Award is modified. The compensation payable is determined at Rs. 1,06,560/-, which shall carry interest at 6% p.a. from the date of filing of claim petition till the date of deposit.
Respondent No. 2 - Insurance Company to deposit the balance compensation amount in the MACT, within a period of two months from today.
There shall be no order as to costs.