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Judgment
B. Manohar, J.—This is a claimant''s appeal. Being not satisfied with the quantum of compensation awarded in M.V.C. No. 214/2006 dated 12.07.2010 passed in MACT, Hukkeri, (for short ''the Tribunal''), she has filed this appeal seeking enhancement of compensation. The case of the claimant is that on 01.12.2005 at about 6 p.m., when she was proceeding on the left side of the P.B. road near Pharmacy college, a tempo bearing registration No. MH-09/L-2182 being driven by its driver in high speed and rash and negligent manner endangering human life dashed to the claimant from back side and caused accident. Due to the said accident, she sustained grievous injures to both legs and other parts of the body. Immediately she was shifted to Dr. Hattaraki Hospital, Gadhinglaj, for medical treatment where she was an inpatient for more than 30 days and she has also taken follow up treatment. She suffered huge loss towards the medical expenditure. Hence, she filed a claim petition before the Tribunal seeking compensation of Rs. 7,00,000/-.
The Insurer objected the claim petition denying the age and occupation of the claimant and also on the ground that the driver of the tempo did not possess a valid driving license as on the date of the accident and hence the Insurance Company is not liable to pay compensation.
The Tribunal considering the oral and documentary evidence adduced by the parties by taking into consideration copy of the FIR and other relevant documents held that due to the rash and negligent driving of the driver of the tempo, accident had occurred. The Tribunal also held that the Insurance Company failed to prove that the driver of the tempo did not possess the valid driving license. The Tribunal taking into consideration the injuries sustained and the sufferings, has awarded compensation of Rs. 1,44,800/- with interest at the rate of 6% p.a. Being not satisfied with the said quantum of compensation, the claimant has filed this appeal.
Sri B.S. Kamate, learned counsel appearing for the appellant-claimant contended that the judgment and award passed by the Tribunal is contrary to law. In the accident, the claimant had sustained fracture of right femur, fracture of left femur, abrasion of femur of the right leg and other injuries. He further submits that she was an inpatient for more than 30 days and that the claimant was a tailor by profession. Though Dr. R.D. Hattarki assessed the disability to an extent of 65%, the Tribunal has taken the disability only to an extent of 15% which is contrary to law. Accordingly, she sought for enhancement of compensation.
On the other hand, Sri S.S. Joshi, learned counsel appearing for the Insurance Company argued in support of the judgment and award passed by the Tribunal and contended that taking into consideration the oral and documentary evidence on record; the injuries sustained and the sufferings she has undergone, the Tribunal has awarded just and fair compensation and sought for dismissal of the appeal.
I have carefully considered the arguments addressed by the learned counsel for the parties and perused the oral and documentary evidence.
It is seen from the records that the claimant had sustained fracture of both the legs and other injuries to the body in the accident that occurred on 01.12.2005. She was a tailor by profession. In view of the fracture of both legs, she is unable to do the tailoring work. As the doctor has assessed the disability to the extent of 65% of the lower limb, the Tribunal ought to have taken 1/3 of it and assessed the compensation. The income of the claimant taken at Rs. 3,000/- p.m. is also on the lower side. Hence, I am of the opinion that the income of the claimant is to be taken at least Rs. 4,000/- p.m. and physical disability to an extent of 20% to the whole body. Accordingly, applying the multiplier 16 as the claimant was aged 32 years, the claimant is entitled to compensation of Rs. 1,53,600/- as against Rs. 86,400/- awarded by the Tribunal towards future loss of income. However, at the time of accident, the claimant was unmarried. In view of the mal union of the fracture, she could not have walked properly and that would have affected her marriage prospects. The Tribunal has not awarded any amount towards marriage prospects. Therefore, another sum of Rs. 25,000/- is awarded towards marriage prospects. In all, the claimant is entitled to enhanced compensation of Rs. 92,200/- with interest at the rate of 6% p.a.
Accordingly, I pass the following:
ORDER
The appeal is allowed in part and the judgment and award dated 12.07.2010 passed by the MACT, Hukkeri, in M.V.C. No. 214/2006 is modified. The claimant is entitled to enhanced compensation of Rs. 92,200/- with interest at the rate of 6% p.a.