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Judgment
B. Sreenivas Gowda, J.
This appeal is by the Insurer of the offending vehicle challenging the judgment and award dated 07.01.2013 passed in MVC No. 6804/2011 by the 22nd Additional Small Causes, Bengaluru.
Heard, the appeal is admitted and with the consent of learned counsel appearing for parties, it is taken up for final disposal.
For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.
As there is no dispute regarding injuries sustained by the claimant in a road traffic accident occurred on 01.10.2011 due to rash and negligent driving of the offending Swaraj Maxi Cab bearing registration No. KA-01-AA-5984 by its driver and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is:
Whether quantum of compensation of Rs. 2,57,000/- awarded by the Tribunal is just and reasonable or does it call for reduction?
After hearing the learned counsel appearing for parties and perusing the judgment and award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is exorbitant and it is on the higher side and hence it is required to be reduced.
As per wound certificates Ex. P9 and P10, the claimant has sustained the following injuries:-
Right elbow dislocation with right radial styloid fracture and right thumb proximal phalanx basal intra articular fracture and the claimant underwent closed reduction of elbow dislocation K wiring for radial styloid fracture and GESS fixation for proximal phalanx fracture right thumb.
On 05.10.2012, the Doctor has opined that there is restriction of movements and the wrist X-ray reveals malunited intra articular fracture base of proximal phalanx of thumb and assessed the disability of the right upper limb at 45.6% to the whole body at 19.2%.
Considering the nature of injuries sustained by the claimant Rs. 50,000/- awarded by the Tribunal towards ''pain and suffering'' is just and proper and there is no scope for reduction under this head.
The medical bills had been reimbursed by the TTK Health Care Services Private Limited under mediclaim and therefore, awarding compensation towards medical expenses does not arise.
The claimant was treated as an inpatient for more than a week and continued treatment as outpatient for more than one month. Considering the same, a sum of Rs. 15,000/- is awarded towards incidental expenses such as conveyance, nourishment and attendant charges.
The claimant is a housewife and her income is assessed at Rs. 5,000/- per month as against Rs. 4,500 assessed by the Tribunal. Nature of injuries would suggest that he must have taken treatment and rest for six months as rightly considered by the Tribunal. Therefore, a sum of Rs. 30,000/- is awarded towards loss of income during laid up period as against Rs. 27,000/- awarded by the Tribunal.
Considering the disability stated by the Doctor, and an amount of discomfort she has to undergo in her future life, a sum of Rs. 25,000/- awarded by the Tribunal towards loss of amenities is just and proper and there is no scope of reduction under this head.
As per the disability stated by the Doctor at 45.6% to the particular limb disability caused to whole body comes to 11.25%. It can be taken at 12%. The multiplier applicable is ''07''. Her income is assessed at Rs. 5,000/- per month. So, loss of future income would come to Rs. 5000 X 12 X 12 X 7/100 = Rs. 50,400/- and it is awarded.
Nature of injuries suggest that the claimant has to spend a sum of Rs. 30,000/- towards future medical expenses and it is awarded.
Thus, the claimant is entitled for the following compensation:-
Whereas, the Tribunal has awarded Rs. 2,57,000/- and thus, the compensation awarded is reduced by (Rs. 2,57,000- Rs. 2,20,400) = Rs. 36,600/-
Accordingly, the appeal is allowed-in-part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimant is entitled for total compensation of Rs. 2,20,400/- as against the compensation of Rs. 2,57,000/- awarded by the Tribunal and the compensation awarded by the Tribunal is reduced by Rs. 36,600/-. The Insurance Company is directed to deposit the balance amount, after deducting the amount, if any, already deposited with interest as ordered by the Tribunal within two months from the date of receipt of a copy of this judgment.
No order as to costs.