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Judgment
Mrs. S. Sujatha, J.—This appeal is by the Appellant-Corporation challenging the Judgment and Award dated 12.1.2012 passed by the Motor Accident Claims Tribunal, Gulbarga, in MVC No.84/2011.
Heard the learned Counsel for the parties and perused the material on record.
Learned Counsel for the Appellant would contend that the Tribunal has taken 25% disability to assess the loss of future earnings on the basis of disability. The Doctor examined as PW.2 was non treated Doctor who has assessed the disability to the extent of 33% to the whole body. The Tribunal mainly placing reliance on the disability certificate at Exhibit.P99 issued by the non treated Doctor, has assessed the disability to the whole body at 25%.
On the other hand, learned Counsel for the claimant who has also filed cross objection seeking enhancement of the compensation awarded by the Tribunal would contend that the Tribunal ignoring the disability certificate at Exhibit.P99 and the Doctor�s evidence has wrongly assessed the disability at 25% to the whole body contrary to the material evidence placed on record. Accordingly, he seeks to consider the disability at 33% to the whole body. As regards the quantum, learned Counsel points out that the Tribunal has determined the monthly income at Rs.4,000/- whereas the injured was an Agriculturist and was earning monthly income of Rs.9,000/-. The Tribunal has awarded meager compensation under other different heads. As such, he seeks for enhancement of the compensation awarded by the Tribunal.
Having heard the learned Counsel appearing for the parties and perused the material on record, it is noticed that Exhibit.P99 is the disability assessment report issued by PW.2 -Doctor who has deposed that the injured has disability to the extent of 33% to the whole body. The Tribunal after considering the x-ray report as per Exhibit.P100 assessed the disability of the victim at 25% to the whole body. The appellant has not produced any adequate evidence to substantiate that the assessment made by the Tribunal at 25% disability to the whole body is on the higher side. The only ground urged by the appellant is that PW.2 who has assessed the disability is a non treated Doctor. No attempt is made by the appellant to discard this evidence. Given the circumstances, the Tribunal assessing 25% disability to the whole body of the injured cannot be found fault with.
However, it is discerned that the quantum of compensation awarded under different heads is on the lower side. Considering the monthly income of the injured at Rs.5,500/-, normally which is adopted in the road traffic accident which occurred in the year 2010, in the absence of any substantial evidence to prove the income, the compensation towards loss of future earnings on the basis of disability works out to Rs.2,97,000/- (Rs.5,500 x 12 x 18 x 25%). The compensation awarded under the head loss of income during treatment and laid up period works out to Rs.22,000/- (Rs.5,500 x 4). Accordingly, the total compensation awarded by the Tribunal is enhanced to Rs.5,64,000/-.
The claimants are entitled for compensation amount of Rs.5,64,000/- along with interest at 6% per annum from the date of the petition till its realization.
In the result, the appeal is dismissed and Cross Objection is allowed.
The amount in deposit shall be transmitted to the jurisdictional Tribunal and the claimants are at liberty to withdraw the same.