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Judgment
A.N. Venugopala Gowda
Claimant, dissatisfied with the compensation of Rs. 80,695/- with interest awarded by MACT, has filed this appeal seeking enhancement. There is delay of 526 days in filing this appeal. The inordinate delay has not been explained satisfactorily. However, the claimant is entitled to enhancement of compensation to a certain extent. In the circumstances, Misc. Cvl. No. 17106/2010 is allowed and delay condoned, denying interest on the enhanced compensation amount, for the delay period.
In a road traffic accident on 22.07.07, claimant - appellant sustained grievous injury fracture of lower 1/3rd tibia. She took treatment. She was aged about 40 years and was a tailor cum cloth seller. Tribunal having noticed that there is 10% permanent disability suffered in relation to whole body and would reduce future earnings, by taking the monthly income at Rs. 1,800/-, deducting 1/3rd towards personal expenses, the remaining was taken as loss of future earnings. Compensation payable was determined based on the said income. The Tribunal has also committed error in applying the multiplier of 13, as against 15, even on the income of Rs. l,800/- p.m. which it has taken.
Keeping in view the evidence on record, the claimant being aged about 40 years, a tailor cum cloth seller, even in the absence of credible evidence with regard to income, her earnings can be taken at Rs. 4,000/- p.m. Multiplier applicable to her age group is 15. There cannot be any deduction under the head ''personal expenses''. The approach of the Tribunal is erroneous and there is under assessment of loss. The just and reasonable compensation in the matter is:
Heads
Amount (in Rupees)
Pain and suffering
25,000/-
Medical expenses as per Bills
27,625/-
Towards future medical expenses
5,000/-
Incidental expenses:
Conveyance, attendant & nourished diet
10,000/-
Loss of income during
Treatment & rest period: 4000 x 3
12,000/-
Loss of future earnings:
4000 x 12 x 15 x 10/100
72,000/-
Total
1,51,625/-
In the result, the appeal is allowed in part. The impugned Judgment/Award is modified. Appellants are held entitled to enhanced compensation of Rs. 1,51,625/-with Interest at 6% p.a. from the date of filing of claim petition till the date of deposit, in the MACT. However, appellant is held not entitled to interest on the enhanced compensation amount for the delay period of 526 days.
Respondent - Insurance Company is granted two months'' time to deposit the balance compensation amount in the MACT.
No order as to costs.