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Judgment
Pradeep D. Waingankar, J. - The appellant is the claimant in MVC. No. 968 of 2007. By the judgment and award dated 6.11.2009, Motor Accident Claims Tribunal, D.K., Mangalore awarded a total compensation of Rs. 77,000/-, on account of the injuries sustained by him in motor vehicle accident. Dissatisfied by the compensation granted by the Tribunal, this appeal is preferred by the claimant.
The submission of the learned counsel appearing for the appellant is that though the claimant suffered fracture of tibia, which is a major bone, the Tribunal has awarded a paltry sum under all the heads and therefore, the compensation awarded under all the head requires to be enhanced to a considerable extent.
On the other hand, the learned counsel appearing for the 2nd respondent, Insurance Company, would submit that the Tribunal upon going through the material on record has awarded compensation under all the heads which is just and reasonable and no interference is called for.
The wound certificate discloses that the claimant suffered laceration right leg with fracture leg bone. He has also suffered laceration forehead with cerebral concussion (concussional head injury), apart from contusion right forearm. He was treated as in patient from 25-3-2007 to 3-4-2007 in Unity Health Complex, Mangalore. He underwent internal fixation during the period of hospitalization.
It is seen from Ex. P. 7, Medical Certificate of Unity Health Complex, issued by Dr. Uday Kumar that he had undergone another surgery for removal of implants. Therefore, it is evident that he underwent two surgeries for fracture of tibia, apart from concussional head injury. However, the Tribunal has awarded meagre sum of Rs. 15,000/-. Having regard to the nature of the injuries, the nature of treatment and the period of hospitalization, the amount of Rs. 35,000/- would be just compensation under the head injury, pain and sufferings as against Rs. 15,000/- awarded by the Tribunal. The Tribunal has awarded Rs. 50,000/- towards medical expenses and hospitalization charges on the strength of the medical expenses and hospitalization charges on the strength of the medical bills produced by the claimant. Therefore, the question of interference by this Court dose not arise. The tribunal has not awarded any amount towards attendant charges and also towards loss of income during the period for treatment. Since the claimant suffered fracture of tibia, which is a major bone compared to fibula, he was in need of the services of an attendant not only during the period of hospitalization, but even thereafter for a month or two. As such, an amount of Rs. 6,000/- is awarded towards attendant charges, at the rate of Rs. 100/- per day for a period of two months.
The claimant is a resident of Kundapur. He was treated as an in-patient, in Mangalore. His condition after the accident was such that he was in need of a special vehicle in order to come to the hospital at Mangalore. He must have hired a special vehicle even at the time of discharge and even thereafter during follow-up treatment. As such, a sum of Rs. 5,000/- is awarded towards conveyance charges.
Ex. P.8 is the salary certificate issued by the M/s. Ever Bright Electronics, where the claimant was working, which reveals that he was drawing monthly salary of Rs. 6,000/- But the certificate is not proved by the claimant by examining the person who issued the certificate. Under the circumstances, I deem it just and appropriate to take the monthly income at Rs. 4,500/- per month. On account of accidental injuries, he must have been incapacitated from attending the duties at least for a minimum period of two months and thereby, he lost his earnings at the rate of Rs. 4,500/- per month, for two months. So an amount of Rs. 9,000/- is awarded towards loss of earning during the period of treatment. An amount of Rs. 15,000/- is awarded towards loss of amenities also seems to be on the lower side. Hence, an amount of Rs. 20,000/- is awarded towards loss of amenities as against Rs. 15,000/- awarded by the Tribunal.
Thus, the claimant is entitled for a compensation under the various heads as under:
SI. No.
Heads
Compensation awarded (in Rs.)
1.
Injury, pain and suffering
Rs. 35,000.00
2.
Medical expenses
Rs. 50,000.00
3.
Loss of earning during the period of treatment
Rs. 9,000.00
4.
Attendant charges
Rs. 6,000.00
5.
Conveyance charges
Rs. 5,000.00
6.
Incidental charges
Rs. 2,000.00
7.
Loss of amenities
Rs. 20,000.00
Total
Rs. 1,27,000.00
Less
Rs. 77.000.00
Rs. 50,000.00
Thus, the claimant is entitled for a total compensation of Rs. 1,27,000/- as against Rs. 77,000/- awarded by the Tribunal. There shall be enhancement of compensation of Rs. 50,000/-.
Accordingly, the appeal is partly allowed awarding enhanced compensation of Rs. 50,000/-, over and above, the compensation awarded by the Tribunal together with interest at 6% from the date of petition till the date of realization.
The 2nd respondent shall deposit the enhanced compensation together with interest at 6% p.a., within a period of 30 days from the date of receipt of copy of this order. In the event of deposit, the entire enhanced compensation amount with interest be released to the claimant.