AI Structured Summary
Not yet generated for this judgment
Judgment
B. Sreenivase Gowda
This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal
Heard, the appeal is admitted and with the consent of the learned counsel appearing for the parties, it is taken up for final disposal.
For the seke of convenience, the parties are referred to aa they are referred to in the claim petition before the Tribunal
As there is no dispute regarding injuries sustained by the claimant in a road traffic accident occurred on 09.02.2001, when be was proceeding by walk by the side of the road due to rash and negligent riding of a Bajaj M 80 bearing registration No. KA-20-J-4908 by its rider and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is:
whether quantum of compensation awarded by the Tribunal is just end reasonable or does it call for enhancement?.
The learned counsel for the cliamant submits that the quantum of compensation awarded by the Tribunal is on the lower side and therefore he prays for allowing the appeal by enhancing the compensation,
Per contra the learned counsel appearing for the insurer submits that the Tribunal after holding that the rider of the scooter did not possess a valid and effective driving licence as on the date of accident has awarded compensation and directed the insurer to pay the compensation and later recover it from the owner of the offending vehicle and therefore this court in the event of enhancing compensation, the liability may be fastened against the owner.
After hearing the learned counsel appearing for the parties and perusing the judgment and award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and hence it is required, to be enhanced and in view of clear finding of the Tribunal that the driver of the offending which did not possess an effecting driving licence, the liability to pay enhanced compensation is fastened against the owner of the offending vehicle.
8 The claimant has sustained fracture of left femur and one simple injury. The injuries, sustained by the claimant are evident from the wound certificate Ex.F-3, inpatient bills Ex.P-5 & 6, medical bills Ex,P-9 to 44 and supported by oral evidence of the claimant and doctor, who were examined as PWs-1 and 2 respectively, PW-2, the doctor who treated the claimant has stated that there is disability of 25% to the limb.
Considering the nature of injuries, Rs.20,000/- awarded by the Tribunal towards pain and suffering is just and proper and there is no scope of enhancement under this head..
10, As Rs.32,100/- awarded by the Tribunal towards ''medical expense'' is based on the medical bills produced by the claimant and there is no scope for enhancement under this head.
11, The claimant was treated as inpatient for a period of 22 days in KMC Hospital, Bangalore. Considering the duration of treatment, Rs.3,800/-awarded by the Tribunal towards incidental expenses'' ouch as conveyance nourishment and attendant charges is just and proper and there is no scope for enhancement under this head.
In the absence of proof of income., the Tribunal assessing his income at Re.3,000/- per month and considering the treatment period as 5 months has rightly awarded a sum of Rs. 15,000/- towards loss of income during laid up period''.
Considering the disability stated by the doctor and an amount of discomfort and unhappiness the claimant has to undergo in his future life, Rs. 17,000/- awarded by the Tribunal towards loss of amenities" is just and proper and there is no scope of enhancement under this head.
14, Even though the doctor has stated that the claimant lies suffered the disability of 25% to the limb, the Tribunal is not justified in not awarding any compensation under the head loss of future income. The claimant is aged about 28 yearn at the time of accident, and the multiplier applicable to his age group is 17. His income is assessed at Rs.3,000/- p.m. PW-2, the doctor who treated the claimant has stated that there is disability of 25% to the limb. The. disability caused to the whole body is 1/3rd of the disability caused to the limb, which comes to 8.3% and it can be rounded off to 8%. Therefore, the loss of future income'' works out to Rs.48,960/- (3000 x 8/ 100 x 12 x 17] and it is awarded.
Accordingly, the appeal is allowed io part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimant is entitled for an additional compensation of Rs.48,960/- with interest at 6% p.a. from the date of claim petition till the date of realisation.
The owner is directed to pay the enhanced compensation amount together with interest to the claimant within two months from the date of receipt of a copy of this judgment,
No order as to costs.