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Judgment
The claimant, being dissatisfied with the compensation of Rs.2,61,500/- awarded by the Tribunal, is in appeal.
The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute.
The Tribunal, on assessment of evidence, has awarded the following sums as compensation:
| Sl. Amount | |
| Particulars No. | in (Rs.) |
| 1. Compensation towards pain, | 15,000 |
| shock and sufferings | |
| 2. Compensation towards loss of | 14,000 |
| income during laid up period | |
| Compensation towards attendant | |
| 3. charges, extra diet, nourishment 7,000 | |
| and conveyance | |
| 4. Compensation towards loss of | 5,000 |
| amenities | |
| Compensation towards medical 5. | 23,500 |
| 5. expenses | 23,500 |
| Compensation towards loss of 6. | 1,97,000 |
| 6. future income | 1,97,000 |
Total 2,61,500
The Tribunal, on analysis of the medical evidence, has rightly concluded that the claimant has suffered functional disability to the extent of 13% to the whole body.
The Tribunal has determined the monthly income, notionally at Rs.7,000/- per month. Since there is no credible documentary evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2017, would be Rs.11,000/-
As the claimant was aged 22 years, the Tribunal has rightly applied a multiplier of '18'. Consequently, the claimant would be entitled to a sum of Rs.3,08,880/- (11,000 x 12 x 18 x 13%) towards 'loss of future income' as against sum of Rs.1,97,000/-.
Consequently, the claimant would be entitled to Rs.33,000/- (Rs.11,000 X 3 months) towards 'loss of income during the laid up period', treating the laid up period as three months.
Having regard to the injuries suffered by the claimant and its lasting effect, the claimant would be entitled to a sum of Rs.60,000/- towards 'pain and suffering' as against Rs.15,000/- and Rs.35,000/- towards loss of amenities, as against the sum of Rs.5,000/- awarded by the Tribunal.
Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'attendant charges, extra diet, nourishment and conveyance' at Rs.15,000/- as against the sum of Rs.7,000/- awarded by the Tribunal.
Considering the nature of injuries suffered by the claimant and its further treatment in the future, I deem it just and appropriate to award sum of Rs.15,000/- towards 'future medical expenses'.
The sum awarded as medical expenses at Rs.23,500/-being based on the documentary evidence, do not call for modification and hence confirmed.
Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation:
| As | As |
| awarded | awarded |
| awarded | awarded |
| Sl. Compensation under by the | by this |
| by the | by this |
| No. different Heads Tribunal | Court |
| (Rs.) | (Rs.) |
| Compensation towards | |
| 1. pain, shock and 15,000 | 60,000 |
| sufferings | |
| Compensation towards | |
| 2. loss of income during laid 14,000 | 33,000 |
| up period | |
| Compensation towards | |
| attendant charges, extra | |
| 3. 7,000 diet, nourishment and | 15,000 |
| conveyance | |
| Compensation towards | |
| 4. 5,000 loss of amenities | 35,000 |
| Compensation towards | |
| 5. 23,500 medical expenses | 23,500 |
| Compensation towards | |
| 6. 1,97,000 loss of future income | 3,08,880 |
| 7. Future medical expenses --- | 15,000 |
Total 2,61,500 4,90,380
Thus, the claimant is held entitled to the total compensation of Rs.4,90,380/- as against Rs.2,61,500/-, along with interest at the rate of 6% per annum from the date of petition till its realization.
The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment.
The appeal is accordingly allowed in part.