Muttawwa vs Bapuray

A.S. Pachhapure, J.—The appellant dissatisfied with the amount of compensation awarded by the Tribunal for the injuries sustained by her in a motor vehicle accident, has filed this appeal, seeking enhancement.

The appellant has suffered the fracture in an accident that occurred on 30.10.2010, while she was travelling in the KSRTC Bus bearing No.KA-28/F-1259 and it was hit by a Tipper bearing No.KA-28/9806; she suffered disability and therefore, she made a claim before the Tribunal for compensation for pain, suffering, mental agony, medical expenses, loss of income etc.

The claim petition was clubbed with the other cases by the Tribunal and common evidence was permitted. On behalf of the claimants, PWs. 1 to 5 were examined and in their evidence, Exs. P1 to P29 were marked. Whereas, the Insurance Policy was marked with consent as Ex. R1.

The Tribunal, on appreciation of the evidence on record, allowed the claim petition in part and granted a sum of Rs. 2,61,000/- with interest @ 6% p.a. as compensation. Dissatisfied with the amount of compensation awarded, the present appeal is filed.

I have heard the learned counsel for both the parties.

The point that arise for my consideration is, Whether the appellant is entitled to enhanced compensation? If so to what extent?

The appellant has produced the injury certificate at Ex. P19 and the discharge card at Ex. P24. She sustained the fracture of mid shaft of femur plus right bimallular fracture and the lower end of tibia and fibula right. She was treated in the medical college hospital and underwent surgery. As per the evidence of P.W. 5, she is said to have suffered the disability at 35% to 40% in the right lower limb. Though 1/3rd of it is less than 15%, anyhow, the Tribunal has considered the disability at 15% and though the appellant claimed her income at Rs. 3,000/- per month, the Tribunal has assessed her income at Rs. 4,000/- per month.

A sum of Rs. 45,000/- has been granted towards pain, suffering and mental agony. It appears to be just and reasonable.

The appellant has produced the medical bills at Ex. P22 (Sl. Nos. 3 to 85). The total sum works out at Rs. 28,000/-. The said sum has been granted as compensation towards medical expenses.

A sum of Rs. 10,000/- has been granted towards incidental charges. The compensation on all these heads is reasonable.

The appellant was a student in D.Ed course and a sum of Rs. 20,000/- has been granted towards loss of Academic Year. The said amount is also just and reasonable.

A sum of Rs. 25,000/- has been granted towards future medical expenses and there were implants and for the removal of the same expenses were necessary.

A sum of Rs. 1,08,000/- has been granted towards loss of future earning. As the loss of future earning was granted on the basis of disability at 15% and assessing the income at Rs. 4,000/-, I do not find any ground to enhance the compensation granted no this head.

A sum of Rs. 25,000/- has been granted towards the loss of amenities.

Over all, the grant of compensation on each of the heads though liberal, has been rightly granted by the Tribunal.

In the aforesaid circumstances, I do not find any justifiable grounds to admit this appeal.

Consequently, the appeal fails and is accordingly, dismissed.