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Judgment
A.N. Venugopala Gowda
With consent of learned counsel on both sides, appeal is taken up for final hearing. On 30.08.2006, the appellant sustained grievous injuries in a road traffic accident caused by the rider of motor cycle No.KA-09 ED-1874, which belonged to the second respondent and was insured by the first respondent. After obtaining treatment and finding difficulty to (sic)eke out living, claiming compensation under pecuniary and non-pecuniary heads, a claim petition u/s 166 of MV Act, 1988 was filed against the rider, owner and insurer of the offending motor cycle. MACT having considered evidence brought on record and finding that there is actionable negligence on the part of the rider of the offending motor cycle, which has resulted in grievous injuries being caused to the claimant and also permanent disability to a certain extent, passed the Award, for Rs. 66,000/- with interest at 6% p.a. from the date of filing of claim petition till date of deposit. Dissatisfied with the sum awarded, the claimant has preferred this appeal.
Respondents have not questioned the impugned judgment and award directing payment of compensation, noticed supra.
Contention of the appellant is that, the Tribunal has not correctly appreciated the evidence with regard to the injuries, the treatment obtained and the resultant affect. The claimant-appellant contends that income taken by the Tribunal is on a lower side, since being an agriculturist, owning more than 3 acre of land, he had reasonable income and by doing business he had additional income and there being permanent disability suffered, there is loss in future earning capacity.
Sri. M. Sowri Raju, learned Advocate for the first respondent - insurance company, on the other hand would argue that the Tribunal has correctly appreciated the evidence and the award passed by it is just and reasonable. Learned counsel seeks dismissal of the appeal by contending that no ground is made out for enhancement of compensation.
Ex.P-6 is the wound certificate. The treatment obtained for the injuries sustained in the road traffic accident con be found from Exs.P-7 to P-126. In the road traffic accident, the appellant, aged about 19 years as on the date of accident, sustained fracture of Bimalleoler. PW. 2 who treated the injured and subsequently examined him has found that there is restriction in the movement of left ankle. However, the fracture is united. But, there is malunion. PW. 2 has opined that there is difficulty for PW. 1 for squatting and doing agricultural work. Tribunal, though has observed that, there is restriction in the movement of left ankle, has opined that it will not cause any difficulty in doing agricultural work and hence, there is no loss insofar as future earning capacity is concerned. A meager sum of Rs. 8,000/ - was awarded under the head ''loss of amenities of life''.
Evidence on record would show that the claimant-appellant was aged about 19 years as on 30.08.2006. He possessed 3 acres 35 guntas of land as is evident from Exs.P- 120 to P-122. Being hale, healthy and young person, he can be expected to earn not less than Rs. 4,000/- p.m. or Rs. 48,000/- p.a. Consequently, income of Rs. 36,000/- p.a. taken by the Tribunal is erroneous. He was inpatient for about 37 days and has taken follow-up treatment and there is loss of income atleast for a period of three months. Keeping in view the nature of injuries sustained, treatment obtained, age and avocation of the injured, in my opinion Tribunal has not awarded just and reasonable compensation in favour of the claimant. The respondents are liable to pay the compensation is as follows :
1.
Pain & Suffering
Rs. 25,000/-
2.
Medical expenses as per bills
Rs. 16,300/ -
3.
Incidental expenses conveyance, nourished diet, attendant charges
Rs. 15,000/-
4.
Loss of income during laid off period (4000 x 3)
Rs. 12,000/-
5.
Loss of future earnings (240 x 12 x 18)
Rs. 51,840/-
6.
Loss of amenities of life including disfigurement and loss of marriage prospects
Rs. 35,000/-
Total
Rs. 1,55,140/-
In the result, appeal is allowed in part and impugned judgment and award is modified. Compensation payable by the respondents is determined at Rs. 1,55,140/- with interest at 6% p.a. from the date of filling of claim petition till date of deposit.
Two months time is allowed for the respondents to deposit the balance amount in the MACT. No order as to costs.