Jayamma vs Ramesh Kumar and Others

S. Abdul Nazeer, J—This appeal by the claimant is directed against the judgment and award in MVC No. 1305/2011 dated 2.9.2013 on the file of the Principal Senior Civil Judge and Additional MACT at Hassan.

The appellant filed the aforesaid claim petition seeking compensation on account of the injuries sustained by her in a motor vehicle accident occurred on 21.3.2011. There is no dispute as to the occurrence of the accident and the liability of the second respondent-Insurance Company to pay the compensation.

The contention of the learned Counsel for the appellant is that the claimant was working as an agricultural coolie and also as a mason. She was earning a sum of Rs. 8,000/- per month. However, the Tribunal has taken her income at Rs. 4,500/- per month for the purpose of computation of loss of future earning capacity. It is further contended that immediately after the accident, she was taken to S.C Hospital on 21.3.2011 and on reference, she was treated at NIMHANS at Bangalore on 22.3.2011. Again on 23.3.2011, she was admitted to S.C. Hospital and after treatment, she was again sent to a Doctor at NIMHANS, Bangalore for further treatment. On all these days, she has spent considerable amount towards nursing, attendant charges and conveyance. Though the medical bills for Rs. 18,459/- have been furnished, the Tribunal has awarded a sum of Rs. 11,600/-. It is contended that the compensation awarded under all the other heads is on the lower side.

On the other hand, learned Counsel appearing for the second respondent-Insurance Company has sought to justify the impugned judgment and award.

I have carefully considered the arguments of the learned Counsel made at the Bar and perused the materials placed on record.

It is evident from the materials on record that the claimant had sustained grievous injuries in the accident. The Doctor has opined that there is a vision loss of 30% of the right eye and orthopaedic disability at 23%. Considering the evidence on record, the Tribunal has determined the permanent partial disability at 37%. Learned Counsel for the respondent-Insurance Company does not dispute the assessment of permanent partial disability at 37% by the Tribunal.

It has come in the evidence that the claimant has been taking treatment for more than three months. I am of the view that she is entitled for loss of income during the laid up period for four months. She has submitted the bills for Rs. 18,459/- towards medical expenses. The Tribunal has deducted certain amount out of this bill on the ground that the said amount has been spent towards ambulance charges. Payment of ambulance charges should also be included in the medical expenses. In my opinion, the Tribunal ought to have awarded a sum of Rs. 18,459/- towards medical expenses.

The claimant has not produced any materials to show her daily income. She was working as an agricultural coolie. The accident had occurred on 21.3.2011. Therefore, it is just and proper to notionally fix her income at Rs. 6,500/- per month. She is entitled for a sum of Rs. 26,000/- towards loss of income during the treatment period. The claimant was aged 40 years at the time of the accident. The proper multiplier applicable to the case is 15. If the income of the claimant is taken at Rs. 6,500/- per month with the application of multiplier 15 and percentage of permanent partial disability at 37%, the compensation payable towards loss of future earning capacity comes to Rs. 4,32,900/-. Having regard to the nature of injuries sustained by her, she is entitled for a sum of Rs. 50,000/- towards pain and suffering as against Rs. 40,000/- awarded by the Tribunal. I am also of the view that the claimant is entitled for compensation towards loss of amenities at Rs. 30,000/-. The compensation awarded by the Tribunal under other heads is just and reasonable.

Thus, the compensation payable to the claimant is redetermined as under:

The Tribunal has awarded a sum of Rs. 4,13,800/- which has to be deducted from the aforesaid amount and the balance of compensation payable to the claimant is Rs. 1,67,559/-, which is rounded off to Rs. 1,67,600/-. The said sum of Rs. 1,67,600/- shall carry interest at 6% per annum.

In the result, the appeal succeeds and it is accordingly allowed in part. The respondent - Insurance company is directed to deposit a sum of Rs. 1,67,600/- with interest at 6% per annum from the date of the petition till the date of deposit within a period of eight weeks from the date of receipt of a copy of this order. The appellant is permitted to withdraw the amount on its deposit. No costs.