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Judgment
A.V. Chandrashekara, J.—Heard learned counsel for the parties and perused the impugned judgment.
The case is posted for admission and the with the consent of learned counsel, it is taken up for final hearing.
The appellant was the claimant in a case bearing MVC No. 695/2010, which was pending on the file of MACT cum Prl. Senior Civil Judge, Gulbarga. She met with road accident on 08.03.2010 and was injured. There was a fracture of comminuted right hip femur. The tribunal has awarded in all compensation of Rs. 2,05,500/- under different heads as follows:
What is argued before this Court by the learned counsel for the appellant is that the compensation so awarded is grossly inadequate and only a sum of Rs. 3,000/- is taken as income per month of the injured. It should have been atleast taken at Rs. 6,000/- per month because the accident is of the year 2010.
Learned counsel appearing for the insurer has supported the judgment and award of the tribunal contending that the just and reasonable compensation has been awarded.
As on the date of the accident, the injured was 45 years old and was hale and healthy. He was treated as an inpatient for 18 days. He underwent operation for comminuted fracture of right femur, which is an important bone in the leg. The tribunal has awarded only a sum of Rs. 30,000/- under the head "pain and suffering" and it should have been atleast a sum of Rs. 45,000/- and the same is awarded.
The tribunal has awarded a sum of Rs. 27,500/- under the head "medical expenses" and the same does not require any interference.
Only a sum of Rs. 5,000/- is awarded under the head "incidental charges". Taking into consideration that she was treated for a period 18 days as an inpatient and one attendant was required. A sum of Rs. 10,000/- would be the reasonable amount under this head and the same is awarded.
Only a sum of Rs. 2,000/- is awarded under the head "loss of income during laid up period". In view of comminuted fracture of right femur of the hip, the income will have to be assessed atleast for five months. Considering his income at Rs. 4,000/- and the same is multiplied by five. Then, the amount under this head would be Rs. 20,000/- and the same is awarded.
Only of sue of Rs. 15000/- is awarded under the head "loss of amenities". It view of grievous injuries and inconvenience that would be caused to her, a sum of Rs. 35,000/- would be the reasonable amount under this head and the same is awarded.
A sum of Rs. 1,26,000/- is awarded under the head "loss of future earnings", assessing his income at Rs. 3,000/- per month. The disability is considered at 25% of the whole body. If the disability is considered at 25% and income is assessed at Rs. 4,000/- per month, the loss of future income would be Rs. 1,000/- per month and Rs. 12,000/- per annum. The disability so assessed by the doctor is in accordance with the norms of the guidelines issued by Social Justice and Empowerment, Government of India. The loss of income will have to be multiplied by 14. Then, the total compensation under this would be Rs. 1,68,000/- and the same is awarded.
No amount is awarded under the head "future medical expenses". She has to undergo one more operation for removal of implants. Hence, Rs. 20,000/- would be the reasonable amount under this head and the same is awarded.
Thus, the appellant is entitled for compensation under different heads as follows:
Thus, the appellant is entitled for compensation of Rs. 3,25,500/- instead of Rs. 2,05,500/-. She is entitled for enhanced compensation of Rs. 1,20,000/- (one lakh twenty thousand only) with interest at 9% per annum thereon from the date of filing of petition till realization. This would be the reasonable compensation in this appeal.
ORDER
The appeal is allowed in part. The compensation is enhanced to 3,25,500/- from Rs. 2,05,500/-. She is entitled for enhanced compensation of Rs. 1,20,000/- (Rupees One Lakh Twenty Thousand Only) with interest at 9% per annum thereon from the date of filing of petition till realization.
The judgment and award of the tribunal stands modified.
In the event of deposit, a sum of Rs. 75,000/- shall be released to the appellant/claimant and remaining amount shall be deposited in any nationalized bank of her choice for a period of three years with liberty to draw accrued interest from time to time.