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Judgment
Mr. Ashok B. Hinchigeri, J.—This appeal arises from the judgment and award dated 27.4.2015, passed by the Court of II Addl. Sessions Judge and Addl. MACT-III, Belagavi, in MVC No. 1810/2011. For the multiple injuries of grievous nature suffered by the appellant in the road traffic accident on 30.10.2010, the Tribunal awarded the compensation of Rs. 6,12,916/-, the break-up of which is as follows:
a)
Pain and sufferings
Rs. 30,000/-
b)
Loss of income during laid up period
Rs. 40,000/-
c)
Loss of income due topermanent physical disability
Rs. 4,32,000/-
d)
Conveyance charges and attendant charges
Rs. 15,000/-
e)
Towards raedicai expenses as per bills furnished by the petitioner
Rs. 50,916/-
f)
Future medical expenses for follow up treatment
Rs. 25,000/-
g)
Loss of future prospects in the life
Rs. 20,000/-
Total:
Rs. 6,12,916/-
The learned counsel for the appellant complains about the inadequacy of amounts awarded under various heads. She also points out that no amount whatsoever is awarded towards the loss of amenities, etc, she submits that the taking of the appellant''s income as Rs. 200/- per day is on the lower side. No addition to it is also provided.
Sri M.Y. Katagi, the learned counsel for respondent No. 2 submits that the awarding of the amounts by the Tribunal is by and large fair and proper. He would pray for the dismissal of this appeal.
It is not in dispute that the petitioner has suffered multiple grievous injuries. His right leg below the knee is amputated. We deem it necessary and just to raise the amount from Rs. 30.000/- to Rs. 80,000/- under the head of pain and suffering.
The Tribunal has awarded Rs. 40,000/-towards the loss of income during the laid up period. As we find it to be realistic, we maintain the same.
The Tribunal has awarded Rs. 4,32,000/- towards the loss of income on account of permanent physical disability taking his income as Rs. 6,000/- per month, his age as 36 years, employing the multiplier 15 and the disability percentage as 40%.
The Apex Court in the case of Rajesh v. Rajbir Singh reported in (2013) 9 SCC 54 has expressed the considered view that there must be an addition of 50% to the actual income of the deceased victim while computing the future prospects in case of the self-employed and persons on fixed wages and where the deceased victim is below 40 years.
Sri M.Y. Katagi, learned counsel for the respondent No. 2 submits that the addition to the income is permissible only in cases of death and not in cases of injury.
Considering that the appellant herein was working as a mechanic, we find it safe to odd 30% to his income of Rs. 6,000/- per month. We thus arrive at the monthly income of Rs. 7,800/-.
The disability that a person suffers on account of the accident has to be viewed both in the structural and in the functional perspective. It is hard to believe that an automobile mechanic would be able to do his job after suffering amputation of the right leg below the knee. Taking into account the doctor''s testimony that he has suffered 65% disability, we deem it necessary to take his disability at 50%. SI.No.21 of Part II of Schedule I the Employees'' Compensation Act, 1923 also prescribes that for the amputation below the knee, the ''percentage of loss of earning capacity is 50%. Now the amounts are reworkable as Rs. 7,800/- x 12 x 15 x 50% = Rs. 7,02,000/-.
The Tribunal has awarded Rs. 15,000/-towards the conveyance charges and attendant charges. As the appellant is in no position to stir out without an attender for the rest of his life, we double the said amount by awarding Rs. 30,000/-under the said head.
The Tribunal has awarded a sum of Rs. 50,916/- towards the medical expenditure based on the bills produced. It has awarded Rs. 25,000/- towards the future medical expenses. Not ruling out the possibility of the appellant using the Jaipur Foot and the need to undergo frequent medical check-ups, we raise the amount from Rs. 25,000/- to Rs. 50,000/- towards the future medical expenditure.
The Tribunal has awarded Rs. 20,000/-towards the loss of future prospects. In our view, it may not be required, as the amounts are being awarded under the head of loss of amenities. The appellant has to put up with a number of inconveniences and tribulations for the rest of his life. We therefore award a sum of Rs. 1,00,000/-towards the loss of amenities. Now the modified award stands as follows:
1.
Pain and suffering
Rs. 30,000/-
2.
Loss of income during laid up period
Rs. 40,000/-
3.
Loss of income on account of permanent physical disability
Rs. 7,02,000/-
4.
Conveyance and attendant charges
Rs. 30,000/-
5.
Towards medical expenses
Rs. 50,916/-
6.
Towards future medical expenses
Rs. 50,000/-
7.
Loss of amenities
Rs. 1,00,000/-
Total:
Rs. 10,52,916/-
Rounded off to
Rs. 10,53,000/-
It is made clear that the amounts enhanced herein shall also carry interest at the rate of 6% p.a. from the date of institution of the claim petition till the date of payment.
Accordingly appeal stands allowed in parts.