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Judgment
S. Sujatha, J. - This appeal is directed against the Judgment and Order passed by the Motor Accident Claims Tribunal, Mangalore, [the Tribunal'', for short] in MVC No. 222/2005.
Briefly stated the facts are:
That the claimant filed claim petition before the Tribunal contending that he sustained grievous injuries in the motor vehicle accident which occurred on 24.12.2004 owing to the actionable negligence of the driver of the auto bearing registration No. KA-21-1314 and lorry bearing registration No. KL-07-AA-1755. The Tribunal, after analysing the evidence on record, awarded the total compensation of Rs. 94,500 with interest at 6% per annum. Being aggrieved, the appellant is before this Court as the compensation awarded being inadequate.
It is discerned from the records that the appellant was aged about 40 at the time of the accident and was an Agriculturist. The appellant sustained grievous injuries i.e., fracture of right ankle and took treatment at SCS Hospital, Mangalore where he was in-patient from 25.12.2004 to 29.12.2004, underwent surgery and took up follow treatment. In the absence of cogent evidence available on record to establish the factum of income of the appellant, the Tribunal notionally determined the monthly income of the appellant/claimant at Rs. 3,000. However, considering the normal mode of determination now made by this Court in identical circumstances, it would be reasonable to redetermine the monthly income at Rs. 3,500. PW.5 - Doctor has submitted that the appellant had sustained permanent physical disability at 15% to the right lower limb and 6% to the whole body. Considering the same, the Tribunal assessed the permanent physical and functional disability at 3% and it is reassessed at 5% and the loss of future income works out to Rs. 31,500 [3,500 x 12 x 15 x 5%]. In view of the re-determination of the monthly income at Rs. 3,500, the appellant is entitled to compensation of Rs. 14,000 as loss of income towards treatment period. A sum of Rs. 2,000 is awarded towards attendant, nourishment and conveyance charges as the appellant has taken treatment from 25.12.2004 to 29.12.2004 at SCS Hospital; a sum of Rs. 25,000 is awarded towards loss of amenities and future unhappiness considering the nature and gravity of the injuries sustained by the appellant.
The compensation awarded by the Tribunal is modified as under:
Sl No. Particulars Amount [in Rs. ]
Pain and sufferings 30,000
Medicine and hospital charges 18,800
Nourishment charges 2,000
Loss of income during treatment period 14,000
Loss of future income 31,500
Loss of amenities and future unhappiness 25,000
Total: 1,21,300
Thus, the compensation awarded by the Tribunal is modified to Rs. 1,21,300 as against Rs. 94,500. The award amount shall carry interest at 6% per annum from the date of the petition till the realization.
It is submitted by the learned Counsel for the Respondent No. 4 that MFA No. 262/2013 filed by the claimant therein, challenging the Judgment and Award passed in MVC No. 223/2005 arising out of the same accident and against the very same common Judgment, this Court by order dated 19.2.2015 allowed the appeal in part confirming the liability fixed on the Respondent No. 2.
In view of the same, the liability fixed on the Respondent No. 2 to satisfy the Award passed by the Tribunal is approved. Accordingly, the Respondent No. 2 shall be liable to satisfy the Award.
In the result, the appeal stands allowed in terms of the above.