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Judgment
B. Sreenivase Gowda, J.—These appeals are by the insurer of the offending vehicle challenging the quantum of compensation awarded by the Tribunal as excessive and seeking reduction of the same. As these two appeals are arising out of a common judgment and award of the Tribunal, they are heard together and with the consent of learned counsel for parties they are disposed of by this common judgment.
For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.
There is no dispute regarding occurrence of accident, negligence and liability of the insurer, therefore, the only point that arises for my consideration in the appeal is:
Whether quantum of compensation awarded by the Tribunal in each case 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 not just and reasonable, it is on the higher side and hence it is required to be reduced.
Learned counsel for the insurer submits that although the Tribunal has disbelieved the evidence of doctor has committed an error in awarding compensation of Rs. 1,20,000/-. Hence, he prays for allowing the appeal.
Whereas learned counsel for the claimants submits that even if the evidence of Dr. A.A. Magi examined as PW-8 is ignored, considering the other medical records, the compensation awarded by the Tribunal is just and proper and he prays for dismissal of the appeal.
IN MFA No. 9150/2010 (MVC. No. 444/2008)
The claimant is one Smt. Meena. As per discharge card Ex. P-23, she has sustained the following injuries:-
a) Diffused mild swelling/no wound/scar/sinus
b) Tenderness present on 1/3rd cocalriaeg
c) No deformity/Ab mobility.
Except discharge card issued by Bapuji hospital, the claimant has not produced any other medical records from the Government hospital, Chitradurga and Bapuji Hospital for having taken treatment in these hospitals.
Dr. A.A. Magi examined as PW-8 has clearly stated that he has not treated the claimant and he has issued the disability certificate on the basis of discharge card Ex. P23. If that is so, the Tribunal is justified in ignoring the disability stated by him but it has committed an error in awarding Rs. 75,000/- towards ''pain and suffering'' and Rs. 25,000/- towards ''medical expenses'' and Rs. 20,000/- towards ''incidental expenses'' in the absence of production of any bills.
Considering the nature of injures indicated in the discharge card, it is just and proper to award a sum of Rs. 15,000/- towards ''pain and suffering'', Rs. 10.000/- towards ''medical and incidental expenses'' and Rs. 6,000/- towards ''loss of income during laid up period''.
Thus, the claimant is entitled for the following compensation:-
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 a total compensation of Rs. 31,000/- as against Rs. 1,20,000/- awarded by the Tribunal with, interest at 6% p.a. from the date of claim petition till the date of realisation. The compensation awarded by the Tribunal is reduced by Rs. 89,000/-.
IN MFA No. 9149/2010 (MVC 442/2008)
The claimant is one Smt. Jayanthi. As per discharge card Ex. P-17, she has sustained the following injuries:-
d) Diffused mild swelling/no wound/scar/sinus (sic)
e) Tenderness present on 1/3rd cocalriaeg
f) No deformity/Ab mobility.
g) Movements painful is restricted.
Except discharge card issued by Bapuji Hospital, the claimant has not produced any other medical records from the Government hospital, Chitradurga and Bapuji Hospital for having taken treatment in these hospitals.
Dr. A.A. Magi examined as PW-8 has clearly stated that he has not treated the claimant and has issued disability certificate on the basis of Ex. P16-discharge card. The Tribunal is justified in ignoring the disability stated by him but it has committed an error in awarding Rs. 1,00,000/- towards ''pain and suffering'' and Rs. 10,0007- towards medical expenses'' as against medical bills produced for Rs. 3,973/- and Rs. 10,000/- towards ''incidental expenses''.
Considering the nature of injuries indicated in the discharge card, it is just and proper to award a sum of Rs. 15,000/- towards ''pain and suffering'', Rs. 10,000/- towards ''medical and incidental expenses'' and Rs. 6,000/- towards ''loss of income during laid up period''.
Thus, the claimant is entitled for the following compensation:-
Accordingly, the appeals are allowed in part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimant is entitled for a total compensation of Rs. 31,000/- as against Rs. 1,20,000/- awarded by the Tribunal with (sic) at 6% p.a. from the date of claim petition till the date of realisation. The compensation awarded by the Tribunal is reduced by Rs. 89,000/-. The Insurance Company is directed to deposit the balance compensation amount together with interest within two months from the date of receipt of a copy of this judgment after deducting the amount, if any already deposited, the same is ordered to be transferred to the Tribunal for disbursement in favour of the claimant in terms of the award of the Tribunal.
No order as to costs.