Mr. Subbaiah vs The Deputy Commissioner of Police, CAR, Bangalore and KGID Vishweshwaraiah Tower, Bangalore

Huluvadi G. Ramesh

This appeal is by the claimant against the award dated 02.06.2010 passed in MVC No. 8575/2008 by the XXIV Additional Small Causes Judge, Member MACT Bangalore. According to the claimant - appellant, he was sleeping in a vacant place at Muneshwara Layout on 28.3.2007 at about 2.30 a.m. At that time, a jeep belonging to the respondents 1 and 2 bearing registration No. KAO2 G 259 came in a high speed and ran on the appellant due to which, he sustained injuries. He was shifted to NIMHANS Hospital and later treated at Bowring Hospital. As per the wound certificate issued, claimant has sustained three simple injuries and two grievous injuries i.e., one to the left thigh and other to the thoracic region. He was in-patient for nearly 23 days and underwent operation to the left leg and internal fixation was done. A sum of Rs. 50,000/- is said to be spent towards medical expenses.

In the claim petition filed, the Tribunal having held that the accident was due to the negligence on the part of the driver of the Hoysala vehicle in question, awarded a total compensation of Rs. 1,47,150/- under the following heads:

i. pain and agony

Rs. 45,000/-

ii. Loss of income during the period of treatment (21 days)

Rs. 2000/-

iii. Loss of amenities

Rs. 5,000/-

v. Medical expenses

Rs. 10,150/-

v. Future medical expenses

Rs. 80,000/-

vi. Loss of future earning capacity

Rs. 5,000/-

Total

Rs. 1,47,150/-

Being not satisfied with the compensation awarded, the appellant is before this Court seeking enhancement of compensation.

Heard the learned counsel appearing for the appellant and the learned High Court Government Pleader for the respondents. The claimant is said to have disability of 53.3% with reference to the left lower limb and 26.65% with reference to the whole body and has underwent operation. There is said to be fracture of the pelvis anterior column and floor of left acetabulam and fracture of right calcaneum. Looking to the nature of injuries, a sum of Rs. 15,000/ - is awarded towards loss of amenities and enjoyment in life. Taking the disability around 15% and applying the appropriate multiplier, the claimant could be awarded a sum of Rs. 50,000/-towards loss of future earning capacity since he has been awarded Rs. 80,000/- under the head future medical expenses and Doctor has opined to undergo hip joint replacement. Thus, in all the claimant would be entitled to Rs. 65,000/- over and above what has been awarded by the Tribunal with interest @ 6% per annum from the date of petition till the date of deposit. The respondents to deposit the award amount within three months from the date of receipt of a certified copy of the order. Accordingly, the appeal is allowed in part. The office is directed to transmit the records forthwith.