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Judgment
B. Sreenivase Gowda
This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal. Heard the learned counsel appearing for the parties and perused the judgment and award of the Tribunal
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 16.10.2004 due to rash and negligent driving of the offending KSRTC bus bearing registration No. KA-13-F-695 by its driver and liability of the KSRTC, the only point that arises for my consideration in the appeal is:
whether compensation of 68,300/-awarded by the Tribunal is just and reasonable or does if call for enhancement?
After hearing the learned counsel appearing for the 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 lower side and hence it is required to be enhanced.
The claimant has sustained fracture of lateral condylar of left femur. The injuries sustained by the claimant are evident from the wound certificate Ex.P-4, discharge summary Ex.P-7, X-ray 11 & 12 and MLC register extract Ex.P-13 and supported by oral evidence of the claimant and doctor, who were examined as PWs-1 and 2 respectively, PW-2, the doctor in his evidence has stated that the claimant has suffered disability of 10-12% to the limb.
Considering the nature of injuries, Rs. 35,000/- awarded by the Tribunal towards ''pain and suffering'' is just and proper and there is no scope for enhancement under this head.
As Rs. 5,000/- awarded by the Tribunal towards ''medical expenses'' is based on the medical bills produced by the claimant for Rs. 2042.55/- and there is no scope for enhancement under this head.
The claimant was treated as inpatient for a period of 34 days in Government Hospital, Bangalore. Considering the duration of treatment, a sum of Rs. 15,000/- is awarded towards ''incidental expenses'' such as conveyance, nourishment and attendant charges as against Rs. 5,000/- awarded by the Tribunal.
The claimant claims to be an agriculturist and earning a sum of Rs. 30,000/- per annum, but the same is not established by producing any documents. In the absence of proof of income, considering his age as 50 years and year of accident as 2004, his income could be assessed at Rs. 3,500/ per month as against Rs. 3,000/- p.m. assessed by the Tribunal. The nature of injuries suggest that he must have been under rest and treatment for a period of 4 months and therefore a sum of Rs. 14,000/- is awarded towards loss of income during laid up period'' as against Rs. 6,000/- awarded by the Tribunal.
Considering the disability stated by the doctor and an amount of discomfort and unhappiness the claimant has to undergo in his future life, a sum of Rs. 20,000/- is awarded towards ''loss of amenities'' as against Rs. 5,000/- awarded by the Tribunal.
The claimant is aged about 50 years at the time of accident, and the multiplier applicable to his age group is 13, His income is assessed at Rs. 3,500/- p.m. PW-2, the doctor in his evidence has stated that claimant has suffered disability of 10-12% to the limb. Considering the nature of injuries, the functional disability can be taken at 5%. Therefore, the ''loss of future income'' works out to Rs. 27,300/- (3500 x 12 x 13 x 5/100) and it is awarded as against Rs. 17,280/-awarded by the Tribunal.
Thus, the claimant is entitled for the following compensation:-
HEADS
Rs.
1.
Pain and sufferings
35,000
2.
Medical Expenses
5,000
3.
Incidental expenses
15,000
4.
Loss of income during laid up period
14,000
5.
Loss of amenities
20,000
6.
Loss of future income
27,300
TOTAL
1,16,300
LESS Compensation awarded by the Tribunal
68,300
BALANCE
48,000
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 an additional compensation of Rs. 43,000/- with interest at 6% p.a. from the date of claim petition till the date of realisation. The KSRTC is directed to deposit the additional compensation amount together with interest within two months from the date of receipt of a copy of this judgment. From which, Rs. 30,000/-with proportionate interest is ordered to be invested in fixed deposit in the name of claimant in any Nationalised Bank/Scheduled Bank/Post Office for a period of 6 years renewable once In 3 years and with a right of option to withdraw interest periodically. Remaining amount with proportionate interest is ordered to be released in favour of the claimant immediately after the deposit.
No order as to costs.