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Judgment
S. Abdul Nazeer, J.—This appeal by the claimant is directed against the judgment and award in MVC No. 871/2006 dated 24.09.2008 on the file of the I Addl. Civil Judge (Sr.Dn.) & III Addl. MACT at Davanagere, whereby the Tribunal has awarded total compensation of Rs. 2,06,800/- with interest at 6% p.a. from the date of the petition till the date of deposit. Learned counsel for the appellant/claimant submits that the claimant had sustained grievous injuries in the accident. He took treatment from the Government hospital at Channagiri. Then he was admitted to Bapuji Hospital, Davanagere. Thereafter he was referred to Kasthurba Hospital, Manipal. He was hospitalized for 66 days,. He was working as a bus agent and earning more than Rs. 6,000/- per month. However, the Tribunal has taken his income at Rs. 3,000/- per month. It is argued that he has spent substantial amount towards medical expenses. Even after the disposal of the case, he has taken treatment at Kasthurba Hospital, Manipal. The Doctor at KMC had opined that the claimant had to under go surgeries and he requires Rs. 1,00,000/- to 1,50,000/- towards medical expenses. It is further contended that the Tribunal has not awarded appropriate compensation towards loss of amenities, loss of earning during the laid up period and also towards conveyance, nourishment, etc.
On the other hand, learned advocate appearing for the respondent-insurance company has sought to justify the impugned judgment and award. It is further submitted that the claimant is not entitled for any amount towards future medical expenses.
I have carefully considered the arguments made at the Bar and the materials placed on record.
The accident had occurred on 7.11.2005. It is clear that the claimant was working as bus agent. He was aged about 22 years. Though, he contends that he was earning Rs. 8,000/- per month, he has not produced any documents in support of the said contention. Therefore, it is just and proper to notionally fix his income at Rs. 4,000/- per month. The Doctor in his evidence has stated that the claimant had sustained 55% permanent disability to the whole body. The Tribunal has taken 15% permanent disability to the whole body. I am of the view that it is just and appropriate to assess 18% permanent disability to the whole body. By taking his income at Rs. 4,000/- with application of multiplier 18 and 18% permanent disability, the compensation payable towards loss of future earning comes to Rs. 1,55,520/-.
The award of compensation in a sum of Rs. 50,000/- towards pain and agony is just and reasonable. The claimant was hospitalized for 66 days. He has suffered permanent disability and he has to live with that disability throughout his life. He is entitled for a sum of Rs. 50,000/- towards loss of amenities. The medical expenses awarded by the Tribunal in a sum of Rs. 30,000/- is on the basis of the bills, which is just and reasonable. However, a sum of Rs. 25,000/- needs to be awarded towards conveyance, nourishment etc. Six (6) months earning in a sum of Rs. 24,000/- has to be awarded towards loss of income during the laid up period.
The claimant had filed an application Misc. Cvil. No. 15431/11 seeking production of additional evidence. Along with the application, he has produced the medical bills. These bills would indicate that the claimant has purchased medicine after the disposal of the case in a sum of Rs. 33,000/-. The Doctor of Kasturba Hospital, Manipal issued a certificate dated 24.12.2012 stating that the claimant has to under go 2 to 3 surgeries and he requires Rs. 1,00,000/- to 1,50,000/-. Having perused the materials on record, it is just and appropriate to award an additional sum of Rs. 50,000/- towards future medical expenses. Thus, he is entitled for Rs. 83,000/- towards medical expenses after disposal of the case and for future medical expenses.
Thus, the compensation payable to the claimant is reassessed as under:
The Tribunal has awarded Rs. 2,06,800/-, which has to be deducted from the aforesaid amount. Thus, the claimant is entitled for the balance compensation of Rs. 2,10,720/-. In the result, the appeal succeeds and allowed in part. The respondent-insurance company is directed to deposit a sum of Rs. 2,10,720/- with interest at 6% p.a. from the date of the application till the date of deposit within a period of eight weeks from the date of receipt of copy of this order. However, the claimant is not entitled for interest for the delayed period of 778 days as per the order on Misc. Cvl. No. 3372/2011 dated 06.11.2013. The claimant is permitted to withdraw the said amount on its deposit. No costs.