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Judgment
B. Sreenivase Gowda
This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal.
Heard, the appeal is admitted and with the consent of the learned counsel appearing for the parties, it is taken up for final disposal.
For the sate 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 toad traffic accident occurred on 31.01.2008 due to rash and negligent riding of the offending motor cycle bearing registration No. KA.-09-EK-393 by its rider and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is:
"whether quantum of compensation awarded by the Tribunal is just and reasonable or does it 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 compound fracture of both bones of left leg at its middle with a lacerated wound of 4cm X 0.25 cm, broken and of tibia protudip., fresh foot. The injuries sustained by the claimant are evident from the wound certificate Ex.P-6, discharge card Ex.P-50, case sheet Ex.P-54, X-rays Exs.P-55 to 58 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 permanent physical disability of 27%.
Considering the nature of injuries, Rs. 40,000/- awarded by the Tribunal towards ''pain and suffering'' is just and proper and there is no scope of enhancement under this head.
As Rs. 16,807/- awarded by the Tribunal towards ''medical expenses'' is based on the medical bills produced by the claimant and there is no scope for enhancement under this head.
The claimant was treated as inpatient for & period of 20 days in K.R. Hospital, Mysore. Considering the duration of treatment, Rs. 15,000/-awarded by the Tribunal towards incidental expenses'' such as conveyance, nourishment and attendant charges is just and proper and there is no scope for enhancement under this head.
The claimant claims to have been earning a sum of Rs. 7,000/- per month, by working as an auto driver and has produced driving license at Ex.P-51 but the same is not surrendered. Therefore, his income can be assessed at Rs. 4,000/- 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. 16,000/- 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. 15,000/- is awarded towards ''loss of amenities''.
The claimant is aged about 43 years at the time of accident, and the multiplier applicable to his age group is 14. His income is assessed at Rs.4,000/-p.m. PW-2, the doctor in his evidence has stated that claimant has suffered permanent physical of 27%, The Tribunal has rightly taken the disability at 10% whole body. Therefore, the ''loss of future income'' works out to Rs. 87,200/- (4000 x 12 x 14 x 10/100) and it is awarded as against Rs.50,400/- awarded by the Tribunal.
Considering the nature of injuries, a sum of Rs. 10,000/- is awarded towards future medical expenses''.
Thus, the clamant is entitled for the following compensation:-
HEADS
Rs.
1
Pain and sufferings
40,000
2
Medical Expenses
16,807
3
Incidental expenses
15,000
4
Loss of income during laid up period
16,000
5
Loss of amenities
15,000
6
Loss of future income
67,200
7
Future medical expenses
10,000
TOTAL
1,80,007/-
LESS: Compensation awarded by the Tribunal
1,28,207/-
BALANCE
51,794/-
15, 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. 51,794/- which can be rounded off to Rs. 52,000/- with interest at 6% p.a. from the date of claim petition till the date of realisation excluding interest for the delayed period of 127 days in filling the appeal.
The Insurance Company 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 excluding interest for the delayed period of 127 days in filing the appeal From which, 75% of the amount 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 9 years renewable from time to time 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.
Sri B.C. Shivannegowda, Adv. was directed to take notice for R2 and he has argued the case on their behalf and he is granted two weeks'' time to file vakalath.
No order as to costs.