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Judgment
Mrs. S. Sujatha, J.—This appeal is directed against the Judgment and Order passed by the Motor Accident Claims Tribunal, Mysore, [the Tribunal'', for short] in MVC No. 1090/2009.
Briefly stated the facts are:
That the appellant filed a claim petition before the Tribunal seeking compensation for the accidental injuries sustained by him in a motor vehicle accident which occurred on 15.5.2009 owing to actionable negligence of the driver of the Hero Honda motor cycle bearing registration No. KA-05-N-7063. The respondents contested the matter. After evaluating the evidence on record, the Tribunal awarded total compensation of Rs. 2,29,440/- with interest at 6% per annum. Being dissatisfied, the appellant is before this Court seeking enhancement of compensation.
Learned Counsel appearing for the appellant would contend that the appellant was aged 34 at the time of the accident. He was working as a plumber and earning Rs. 250 to Rs. 300/- per day. On account of the accidental injuries, the appellant was hospitalized for 121 days and has undergone surgery for fixation of orthopaedic implants. The Tribunal, without considering the evidence on record in the right perspective, determined the monthly income of the injured at Rs. 3,000/-.
It is further contended that the compensation awarded under the different heads, namely, loss of amenities in future life, medical expenses and future medical expenses are all on lower side compared to the nature and gravity of injuries sustained by the appellant. Accordingly, he seeks for enhancement of the compensation.
Per contra, learned Counsel for Respondent No. 2 - Insurer supporting the impugned Judgment and Order contends that the Tribunal has extensively analysed the evidence on record and awarded the just and reasonable compensation which cannot be found fault with.
Having heard the rival submissions of the parties and perusing the material on record, it is discerned that the injured appellant was aged 34 at the time of the accident. The Tribunal disbelieving the version of the claimant that he was earning Rs. 250 to 350/- per day notionally fixed the income at Rs. 100/- per day, thus Rs. 3,000/- per month. However, it is obvious that this Court in similar cases is fixing the monthly income of the daily wage employee at Rs. 5,000/- which is evident from catena of Judgments of this Court and thus the monthly income of the appellant can be safely re-determined at Rs. 5,000/-. The loss of future income works out to Rs. 1,82,400/- [Rs. 5,000/- x 12 x 16 x 19%]. This Court has confirmed the disability at 19% fixed by the Tribunal though the learned Counsel made an endeavour to refix the disability on a higher side in view of the Doctor''s evidence available on record which is not acceptable since the said assessment is an exaggeration of the situation.
It is evident from the records that the appellant was admitted on various dates for a period of 121 days in the hospital and took treatment, undergone surgery with ortho implants fixed. The Doctor''s evidence on record establishes that the appellant has to undergo re-surgery and other follow up treatment. No rebuttal evidence is led by the Insurer to discard this evidence. I deem it proper to award a sum of Rs. 15,000/- towards future medical expenses.
It is apparent on record that the young aged claimant has to face lot of discomforts and inconvenience for the rest of his life due to the accidental injuries, and has to forego many of the amenities of life. Given the circumstances, I am of the considered opinion that a sum of Rs. 25,000/- would be just and reasonable compensation under the loss of amenities in future life.
Having re-determined the monthly income of the claimant at Rs. 5,000/-, the loss of income during laid up period and the rest period (eight months computed by the Tribunal) works out to Rs. 40,000/-.
Thus, the compensation awarded by the Tribunal is modified as under:
SI. No.
Particulars
Amount [in Rs. ]
1
Pain, injury and sufferings
40,000
2
Medical expenses
30,000
3
Incidental expenses
10,000
4
Loss of income
40,000
5
Loss of amenities in future life
25,000
6
Loss of future earning capacity
1,82,400
7
Future medical expenses
15,000
TOTAL
3,42,400
Thus, the compensation awarded by the Tribunal is modified to Rs. 3,42,400/- as against Rs. 2,29,440/-. The awarded amount shall carry interest at 6% per annum from the date of the petition till the realization.
The appeal stands allowed to the extent indicated above.
Sri. A. Ravishankar, learned Counsel is permitted to file vakalat on behalf of second respondent.